The present Civil Applications under Section 5 of the Limitation Act have been filed for condonation of delay caused in filing the First Appeals on the grounds stated in the application inter alia that the certified copy of the judgment and order was applied but the letter was not received and, therefore, though the advocate had engaged, the letter was not received by one Patel Hitendra Amrutlal, thereafter, he went to the office of the advocate and came to know about the status of the matter and requested for the certified copy of the award but the brief was misplaced, which consumed some time.
Heard learned counsel, Mr.Viral Dave for the applicants and learned AGP Mr.Banaji for the respondents.
Learned counsel, Mr.Dave submitted that for some inadvertent mistake on the part of the advocate or clerk, the party may not be suffered and the delay may be condoned.
Learned AGP Mr.Banaji has resisted the application and submitted that the applicant should have been vigilant when he initiated the proceedings and there is no detailed explanation for the delay.
In view of the grounds mentioned for explaining the delay, sufficient cause can be said to have been made out for condonation of the delay. Moreover, in view of the guidelines laid down by catena of judicial pronouncements including the observations made by the Hon'ble Apex Court in case of State (NCT of Delhi) V/s Ahmed Jaan, reported in AIR 2009 SC (Supp.) 695., the present civil application deserves to be allowed.
The delay is condoned. The application stands disposed of as allowed. Rule is made absolute.
First Appeal is ordered to be placed for admission hearing on 9 th April, 2012.
(RAJESH H.SHUKLA, J.) /patil Top