1. Present Civil Application has been filed by the applicant - original appellant for condonation of delay of 227 days in filing the First Appeal on the ground stated in the application inter-alia that he went to the advocate, but could not contact him as he was busy and thereafter, due to vacation, the advocate was not available which took time.
2. Heard the learned advocate Mr.Tejas Satta for the applicant and learned Assistant Government Pleader Mr.Raval.
3. In the facts and circumstances of the case and having regard to the ground mentioned as well as considering the guidelines laid down by catena of judicial pronouncements with regard to pragmatic approach to be adopted in such matters as observed in by the Hon'ble Apex Court in the judgments reported in (2005) 3 SCC 752, AIR 2000 SC 2306 and AIR 1996 SC 1623, present civil application deserves to be allowed and stands allowed.
4. The delay is condoned. The application stands disposed of as allowed. Rule is made absolute. Main Appeal to be placed for admission hearing on 01/02/2012.
(RAJESH H SHUKLA, J.) (vipul) Top