The present application has been filed under Section 5 of the Limitation Act by the original plaintiff for condonation of delay of 59 days in filing aforesaid First Appeal.
In view of the contentions raised, the present application has been taken up for hearing.
Heard learned counsel appearing for the respective parties.
In view of the grounds mentioned in the application for explaining the delay, sufficient cause can be said to have been made out for condonation of the delay. The Hon'ble Apex Court in catena of judicial pronouncements has laid down the guidelines with regard to the approach in such matter of condonation of delay. Therefore, the present civil application deserves to be allowed.
The delay is condoned. The application stands disposed of as allowed. Rule is made absolute.
Sd/-
(RAJESH H.SHUKLA, J.) /patil Top