Executive vs Khant

[1] Heard Mr.Patel, learned advocate for the applicant, Mr.Vijay Raval, learned advocate for respondent no.1 and Mr.P.P.Banaji, learned AGP for respondent nos.2 and 3.

[2] This Civil Application is filed under Section 5 of the Limitation Act to condone delay of 457 days occurred in filing first appeal.

[3] Taking into consideration averments made in the application and same has not been controverted by the other side by filing an affidavit or reply, the application is allowed. Delay caused in filing first appeal is condoned. Rule is made absolute to the aforesaid extent.

[M.D.Shah, J.] satish Top