[1] Heard Mr.Kapadia, learned advocate for the applicant.
[2] This Civil Application is filed under Section 5 of the Limitation Act to condone delay of 33 days occurred in filing First Appeal.
[3] Taking into consideration averments made in the application particularly para 2 and same has not been controverted by the other side by filing an affidavit and reply 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 application is required to be allowed.
[4] 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