[1] Rule.
Mr.K.M.Sheth, learned advocate appears and waives service of rule on behalf of legal heirs of respondent no.1.
[2] This Civil Application is filed under Section 5 of the Limitation Act to condone delay of 207 days occurred in filing First Appeal.
[3] It is submitted by Mr.Sheth, learned advocate appeaing for the legal heirs of respondent no.1 that he has no objection in condoning the delay.
[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 appeal in time and hence, delay caused in filing the 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