1. When the case is called out, none is present on behalf of the parties.
2. This Court has gone through the application. This is an application for condonation of delay of 59 days caused in filing the First Appeal.
3. In view of the fact that the reasons stated in this application have not controverted by the other side by filing an affidavit and also in view of the principles governing the discretionary exercise of power under Section 5 of the Limitation Act, 1963, I am of the view that sufficient cause has been stated for not filing the appeal in time and hence, delay caused in filing appeal is condoned and application is allowed. Rule is made absolute.
[MD SHAH, J.] Hasan.
Top