1.0. Present application under Section 5 of the Limitation Act has been preferred by the applicant herein-original defendant to condone the delay of 179 days in preferring Civil Revision Application.
2.0. Shri Rupera, learned advocate for the applicant has submitted that as such there was no mala fide intention on the part of the applicant in not preferring the Civil Revision Application within the period of limitation. It is submitted that due to the some eye problem and considering the fact that order passed by the learned Appellate Court is an ex-parte order inasmuch as at the time of hearing of the said appeal his advocate did not remain present, it is requested to condone the delay and to give one additional opportunity to him to submit the case on merits on any condition that may be imposed by this Court.
3.0. Application is opposed by Shri Y.V. Brahambhatt, learned advocate for the respondent by submitting that as such no sufficient cause has been shown in the application.
4.0. Having heard the learned advocates for the respective parties and considering the averments in the application and supporting documents which are produced along with present application and it appears to the Court that on imposing reasonable cost to be paid to the respondent herein, delay can be condoned so as to enable the applicant to submit the case on merits rather than non suiting him on technical ground of delay.
5.0. In view of the above and for the reasons stated above, present application is allowed and delay caused in preferring Civil Revision Application is hereby condoned on condition that applicant shall deposit a sum of Rs.2000/- with the Registry of this Court within a period of one week from today. On deposit of such amount, Registry is directed to pay the same to the respondent by way of account payee cheque. If the aforesaid amount of costs is deposited within a period of one week from today, Registry is directed to notify the main Civil Revision Application for admission hearing on 29th March, 2012. Rule is made absolute to the aforesaid extent.
(M.R.SHAH,J.) kaushik Top