This is an application for condonation of delay of 91 days caused in filing the First Appeal.
Rule.
Learned advocate Mr.Sheth waives service of notice of rule. He has submitted that within fifteen days he will file vakalatnama for respondent-original claimant.
In view of the fact that the reasons stated in this application have not been controverted by the other side by filing an affidavit and also in view of the principles governing the discretionary exercise of power under Section-5 of the Limitation Act, 1963, I am of the view that sufficient cause has been stated for not filing the appeal in time and hence, delay caused in filing appeal is condoned and application is allowed. Rule is made absolute.
(M.
D. SHAH, J.) (ila) Top