Learned advocate Ms. Nanavati urges that the Civil Suit which is pending before the Principal District Judge being Regular Civil Suit No. 32 of 1991 is abated on account of the death of father of the present petitioner and as application for condonation of delay had not accompanied the application for abating the suit, such request was denied against which the Civil Misc. Application No. 71 of 2009 was preferred before learned Principal District Judge, Surendranagar. Delay of 147 days caused in challenging the order was not condoned in Civil Misc. Application No. 5 of 2002, although sufficiency of cause was shown and therefore this petition.
Issue Notice to the other side returnable on 12th July 2012. Direct service is permitted.
(Ms.
Sonia Gokani,J.) mary// Top