Heard ld. counsel Mr. Ashish Dagli for the applicant and ld. counsel Mr. MP Prajapati for respondent Nos. 1 & 2. The present application is filed by the applicant praying for condonation of delay of 80 days in preferring above-numbered Civil Revision Application challenging the judgment and order passed by the first appellate Court, Rajkot whereby the appellate Court has confirmed the order passed by the ld. trial Judge in part. I am told that the order of fixing standard rent of the suit property at Rs.200/ per month as well as other findings recorded by the lower Court, has been challenged by respondent Nos. 1 & 2 by way of filing Civil Revision Application and that Civil Revision Application is pending in this Court being Civil Revision Application No.54/2004. Ld. counsel Mr. Prajapati for the respondents has resisted the present civil application stating that there are material contradictions in the version praying for condonation of delay and no justifiable ground is emerging from the application itself. Prescribed period of limitation is of 90 days as stipulated under Article 131 of The Limitation Act and delay of 80 days, therefore, should be construed as gross delay. Otherwise also, so far as relief of eviction of the suit property is concerned, this is a case of two concurrent findings and when there is no merit otherwise, delay should not be condoned for the sake of condoning the delay.
Of course, the suit property is an open plot of land situated in Rajkot City and in view of nature of dispute between the parties, the delay caused requires to be condoned and present Revision Application can be heard with the above-referred CRA filed by the respondent Nos. 1 & 2. So, taking pragmatic and liberal view in the matter, the Court is inclined to condone delay inspite of strong resistance by the other side. The court is of the view that the case of the applicant should not be thrown out only on the ground of limitation in view of above set of facts.
In view of above, delay in preferring the present CRA is hereby condoned. Registry shall list CRA for admission hearing on 17.01.2005. Tobe listed with CRA No. 54/2004.
Rule is made absolute.
[ C.K. BUCH, J ] *rawal