The instant application is filed u/s.5 of the Limitation Act, seeking condonation of delay of 3092 days caused in filing the Misc.Civil Application for restoration of main appeal.
I have considered the submissions advanced by Mr.Kotai, learned advocate for the applicant and Mr.Shah, learned advocate for the respondent No.2. Having considered the submissions advanced on behalf of both the sides, so also considering the reasons assigned for the delay in this application, which is supported by the affidavit of the applicant and considering the facts and circumstances of the case, this Court is of the opinion that the delay has been sufficiently explained, as the averments made in the affidavit are unchallenged. The application, therefore, deserves to be allowed.
The application is allowed and the delay of 3092 days caused in filing the Misc.Civil Application for restoration of appeal, is condoned with no order as to costs.
Rule is made absolute.
(J.C.UPADHYAYA, J.) (binoy) Top