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Dalubhai N Patel vs Ambalal Narandas Patel &

High Court Of Gujarat|20 September, 2013
1. This application has been preferred by the applicant-State of Gujarat under section 5 of the Limitation Act, 1963, with a prayer to condone the delay of 141 days caused in filing the appeal against the judgment and order dated 2.5.2012 passed by the learned Metropolitan Court, Ahmedabad.
2. Heard Ms Shaili Kapadia, learned Advocate for the applicant, Mr Lalit V Patel, learned Advocate for respondent No.1 and Mr K L Pandya, learned APP for the respondent No.2.
3. Having heard the learned Advocates for the respective parties and upon perusal of the averments made in the application, it transpires that the delay of 141 days caused in filing the Appeal has been sufficiently and satisfactorily explained in the application. The record does not reveal that there has been any carelessness or negligence on the part of the applicant in preferring the present appeal.
4. Hence this application is allowed and the delay caused in filing the Appeal is condoned. Rule is made absolute accordingly.
B. SHAH, J.] msp Page 2 of 2
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