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Nayna vs Gunvatray

High Court Of Gujarat|20 June, 2012
[1] This Civil Application is filed under Section 5 of the Limitation Act to condone delay of 90 days occurred in filing Appeal from Order.
[2] Taking into consideration averments made in the application and same has not been controverted by the other side by filing an affidavit or reply and also in view of principles governing the discretionary power under section 5 of the Limitation Act, I am of the view that sufficient cause has been stated for not filing the appeal from order in time and hence, delay caused in filing the appeal from order is to be condoned and application is required to be allowed.
[3] For the reasons stated above, application is allowed. Delay caused in filing appeal from order is condoned. Rule is made absolute to the aforesaid extent.
[M.D.Shah, J.] satish Top
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Nayna vs Gunvatray


High Court Of Gujarat

20 June, 2012