Rule.
Learned advocate Mr. Digant Kakkad waives service of rule for the respondents.
2. The Present civil application has been filed by the appellant-original plaintiff for the prayer that he may be granted permission to prosecute the first appeal as in forma pauperis/indigent person and the delay of 72 days appeal may also be condoned.
3. Heard learned advocate Mr. Ashok Parmar for the appellant original plaintiff and learned advocate Mr. Digant Kakkad for the respondents.
4. Learned advocate Mr. Parmar has stated that he was permitted to file the suit as an indigent person and as the suit has been dismissed, he desires to prosecute the present appeal and therefore necessary permission to prefer this appeal as an indigent person may be granted. He also submitted the delay is caused for such reasons and therefore the present application may be allowed.
5. Learned advocate Mr. Kakkad has stated that two separate applications ought to have been filed. He also submitted that the delay is not explained and therefore it may not be entertained.
6. In view of this, it is required to be appreciated that the suit was filed by the appellant original plaintiff as an indigent person which was permitted by the court after considering the means available to the appellant original plaintiff. It is well accepted that no person should be deprived of his right to pursue legal remedy for want of means. If he was granted such permission to file the suit as an indigent person, there is no reason why he should be denied his right to pursue the appeal. It is also well accepted that the appeal is a continuation of the original proceedings and therefore the appellant original plaintiff may not be deprived of his right to pursue the remedy for want of means. At the same time, there is delay and without entering into the technicalities, the ends of justice would be served if, considering the grounds mentioned, the delay is also condoned as sufficient grounds can be said to have been made out for condonation of the delay.
7. Accordingly, the present application deserves to be allowed and stands allowed. The delay of 72 days is condoned. The appellant original plaintiff is permitted to file the present appeal as an indigent person. Prayer in terms of para (B) & (D) are granted. Rule is made absolute.
(Rajesh H. Shukla, J.) (hn) Top