Special vs Ambalal

2. This is an application for condonation of delay of 953 days caused in filing the First Appeal. Though rule is served on the respondent, nobody appears.

3. In view of the fact that the reasons stated in this application have not been controverted by the otherside by filing an affidavit and also in view of the principles governing the discretionary exercise of power under Sec.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.

(M.D.SHAH,J.) radhan Top