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Smruti vs State

High Court Of Gujarat|21 March, 2012

JUDGMENT / ORDER

1. Heard Mr. Vakil, learned advocate for the applicant.
2. The applicant has taken out present application seeking condonation of delay of 2622 days caused in taking out civil application (st) No. 8920 of 2011 for having impleaded as party to the proceedings of Special Civil Application No.7937 of 2001 and also to set aside abatement.
3. The applicant has preferred another application being Civil Application (st) No.8919 of 2011 seeking permission to be impleaded as party to the proceedings as legal representative of the deceased petitioner. In support of the application the applicant has given explanation in the application as well as in the additional affidavit filed by her.
4. The opponents have opposed the application on several grounds including ground of delay and laches as well as on ground of negligence. Though there is inordinate delay of 2622 days in seeking permission to be impleaded as party to the proceedings, considering the equity and principle of substantial justice, application is allowed so that the applicant may not be deprived of any benefit, if any available in view of the interim order passed by the Court in main petition. The delay of 2622 days caused in preferring civil application (st) No.8920 of 2011 is condoned.
5. The office will place the Civil Application (st) No.8919 of 2011 for hearing on 23.3.2012.
With the aforesaid clarification the Civil application stands disposed of accordingly.
(K.M.THAKER,J.) Suresh* Top
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Title

Smruti vs State

Court

High Court Of Gujarat

JudgmentDate
21 March, 2012