[1] Though served, nobody appears for the respondent - Union of India. This Civil Application is filed under Section 5 of the Limitation Act to condone delay of 144 days occurred in filing First Appeal.
[2] Taking into consideration averments made in the application and same has not been controverted by the other side by filing an affidavit or reply, I am of the view that sufficient cause has been stated for not filing the first appeal in time and hence, delay caused in filing the first appeal is to be condoned and application is required to be allowed.
[3] For the reasons stated above, application is allowed. Delay caused in filing first appeal is condoned. Rule is made absolute to the aforesaid extent.
[M.D.Shah, J.] satish Top