Madhya vs Parikh

Heard learned advocates for the parties. Learned advocate Mr.Shroff for the respondent submits that no proper explanation has been given for the delay caused in filing the appeal and, therefore, the delay may not be condoned.

This Court has gone through the application, more particularly, the averments made in paragraph 3 of the same. In the opinion of this Court, the matter should not be thrown out on technical grounds but it should be decided on merits. Hence, this application is allowed. Delay caused in filing first appeal is condoned. Rule is made absolute.

( M.D.Shah, J ) srilatha Top