[1] Present application is filed by the applicants to condone delay in filing present application to bring legal heirs on record of restoration application and to bring on record name of legal heir and representative of opponent no.1 as per para 3 of present Civil Application.
[2] It is submitted by Mr.Japee, learned advocate for the applicants that rule is served to all the concerned parties. However, nobody is appearing.
[3] Taking into consideration averments made in the application and same has not been controverted by the other side by filing an affidavit 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 application in time and hence, delay caused in filing the application is to be condoned and application is required to be allowed.
[4] For the reasons stated above, application is allowed in terms of para 7(b) and 7(c). Rule is made absolute to the aforesaid extent.
[M.D.Shah, J.] satish Top