The applicant has filed the present application for condonation of delay of 234 days, which has taken place in preferring the Revision Application against the order dated 07th February, 2012 passed by the learned 2nd Additional Sessions Judge, Surat in Criminal Revision Application No.483 of 2011.
Heard learned advocate Mr.Kapadia for the applicant, learned advocate Mr.U.M. Panchal for respondent No.1 and learned Additional Public Prosecutor Mr.L.R. Pujari for respondent No.2-State.
With reference to the averments made in the application, it was submitted by the learned advocate for the applicant that in the proceedings before the lower Court the applicant was not joined as party and he, therefore, did not know about deliverance of the judgment is sought to be taken in the Revision. It is only when other side produced copy of the order in the Civil Suit on 17th December, 2012, the applicant came to know about the order.
From the uncontroverted averments and in the facts and circumstances of the case, it cannot be said that delay is not explained, more particularly when the applicant was not aware about the order having been passed. Sufficient cause has been made out and therefore, the delay is required to be condoned.
Accordingly, the present application is allowed by condoning delay of 234 days. Rule is made absolute.
At the request of learned advocate Mr.Kapadia for the applicant, the main Revision Application to be posted on 19th February, 2013.
(N.V.ANJARIA, J.) Anup Page 2 of 2