1. Learned advocate for the applicants seeks permission to delete respondent No.1 - Kanubhai Himmatbhai Thakkar who has expired, as his heirs and legal representatives are already on record of the revision application. Permission, as prayed for, is granted. The name of respondent No.1 - Kanubhai Himmatbhai Thakkar shall stand deleted from the array of respondents.
2. By this application, the applicants seek condonation of delay of 12 days caused in filing Civil Revision Application Stamp No.257/2011.
3. Mr.
Kishor Prajapati, learned advocate for the applicants has drawn the attention of the court to the averments made in the application to submit that the delay of 12 days has been properly explained. On the other hand, Mr. Ankur Oza, learned advocate for the respondents has reiterated the contents of the affidavit-in-reply filed on behalf of the respondents and has submitted that it cannot be stated that the delay has been properly explained.
4. On a perusal of the averments made in the application, the court is of the view that sufficient cause has been made out so as to condone the delay of 12 days caused in filing the revision application. From the averments made in the application as well as the affidavit-in-reply filed by the respondents, it is not possible to state that the applicants have been deliberately negligent in prosecuting the revision or that they had ever given up the cause.
5. In the circumstances, the application is allowed. The delay of 12 days caused in filing Civil Revision Application Stamp No.257/2011 is hereby condoned. Rule is made absolute accordingly with no order as to costs.
( Harsha Devani, J. ) hki Top