[1] It is submitted by Mr.Yogen Pandya, learned advocate who is appearing on behalf of Mr.Chandan Sunil that Sunilbhai was proprietor of Chandan Steels and said Sunilbhai expired in the year 2010 and Chandanbhai is son of Sunilbhai who appeared before the ESI Court as Administrator of Chandan Steels.
[2] In view of above, Mr.Vasavda, learned advocate appearing for the applicant seeks permission to join Shri Chandan Sunil as legal heir of Sunilbhai and to amend the cause title accordingly. Permission is granted.
[3] This Civil Application is filed under Section 5 of the Limitation Act to condone delay of 1 day occurred in filing First Appeal.
[4] Having heard learned advocates for the respective parties and taking into consideration averments made in the application, 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.
[5] 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