Order in Civil Application Nos.3351/2012, 3352/2012, 3354/2012 and 3356/2012.
[1] This Civil Application is filed under Section 5 of the Limitation Act to condone delay of occurred in filing First Appeal.
[2] Rule is served to the respondent. However, nobody appears for the respondent.
[3] Taking into consideration averments made in the application and same has not been controverted by the other side by filing an affidavit and also in view of principles governing the discretionary power under section 5 of the Limitation Act, I am of the view that sufficient cause has been stated for not filing the appeal in time and hence, delay caused in filing the appeal is to be condoned and applications are required to be allowed.
[4] For the reasons stated above, applications are allowed. Delay caused in filing first appeal is condoned. Rule is made absolute to the aforesaid extent in each of the application.
Order in Civil Application Nos.3353/2012 and 3355/2012.
Office is directed to list Civil Application Nos.3353 of 2012 and 3355 of 2012 separately on 04.07.2012.
[M.D.Shah, J.] satish Top