1. The present application under Section 5 of the Limitation Act has been preferred by the applicants to condone the delay of 29 days in preferring the Second Appeal challenging the judgment and order/decree dated 28/08/2001 passed by the learned Civil Judge (Junior Division),Visavdar in Regular Civil Suit No. 62/1994 as well as the impugned judgment and order dated 14/03/2011 passed by the learned Additional District Judge and Presiding Officer, 2nd Fast Track Court, Junagadh in Regular Civil Appeal No. 62/2001.
2. Though served, nobody appears on behalf of the respondents.
3. It is reported that respondent no. 4/5 has expired. However, as stated by Shri Nirad Buch, learned advocate appearing on behalf of the applicants, respondents nos. 4/1 to 4/4 are the heirs and legal representatives of respondent no. 4/5 who are already served but nobody appears on their behalf.
4. In view of the above and when there is no opposition to the present application and even otherwise, considering the averments made in the application in support of the prayer to condone the delay and as sufficient cause has been shown, the present application is allowed and the delay caused in preferring the Second Appeal is hereby condoned. Rule is made absolute accordingly. No cost.
(M.R.
SHAH, J.) siji Top