1. Present application under section 5 of the Limitation Act has been preferred by the applicant herein - petitioner in the main Civil Revision Application, for condonation of delay of 366 days caused in preferring the Civil Revision Application challenging the judgement and decrees / orders passed by both the courts below.
2. This Court issued the notice upon the respondent and Direct Service was permitted and Affidavit of Direct Service is filed, affirmed by Nidhesh Hasmukhlal, Partner of the applicant firm dtd.5/7/2012 stating on oath that twice he has tried to serve the notice of rule upon the respondent herein, however, the respondent has refused to accept the same.
3. Under the circumstances, as the respondent has refused to accept the notice of rule issued by this Court in this application, the respondent be treated to have been served.
4. Having heard Mr.Satyen Rawal, learned advocate appearing on behalf of the applicant herein and considering the averments made in the application in support of the prayer to condone the delay, more particularly considering the fat that the mother of the applicant is suffering from concentric LVH and mild LV dysfunction also from Coronary Artery Disease (CAD) and considering the fact that the wife of the petitioner is suffering from multiple Myeloma which is a blood cancer, it appears that the cause is sufficiently shown and there are sufficient explanation for condonation of delay. Under the circumstances, present application is allowed and the delay caused in preferring Civil Revision Application is hereby condoned. Rule is made absolute accordingly. No costs.
[M.R.
SHAH, J.] rafik Top