(Per : HONOURABLE MR.JUSTICE D.H.WAGHELA) The applicants have sought condonation of delay of 334 days in preferring the appeals on the basis that the applicants are hailing from uneducated and backward strata of the society and could not take notice of the proceedings of which notices were issued in English. It was also pointed out that the order of learned Single Judge sought to be challenged in appeal was made ex parte on account of non-appearance any one for the present applicants. Thus, it was inability of the applicants to take immediate necessary steps, that has resulted into aforesaid ex parte order. The reason of communication gap between the Trade Union of the applicants and the applicants themselves is also cited for taking lenient view in the matter.
Having regard to the facts and circumstances and uncontroverted averments made in the application, applications are allowed. Delay is condoned and rule is made absolute with no order as to costs.
The main Letters Patent Appeals be listed for admission hearing on 3.5.2012.
(D.H.Waghela,J) (Mohinder Pal,J) pathan Top