1. Present Civil Application under section 5 of the Limitation Act has been preferred by the applicants herein - original plaintiffs to condone the delay of 138 days caused in preferring the Second Appeal.
2. Present application is opposed by Ms.Archana Acharya, learned advocate appearing on behalf of the respondent.
3. Having heard the learned advocates appearing on behalf of the respective parties and considering the averments made in the application in support of the prayer to condone the delay, and so as to enable the applicants to enable the applicants to submit the case on merits rather than non-suiting the applicants on technical ground of delay and laches, present application is allowed and the delay caused in preferring the Second Appeal is hereby condoned. Rule is made absolute accordingly. No costs.
Registry is directed to notify the main Second Appeal for final hearing on 26/3/2012.
[M.R.
SHAH, J.] rafik Top