STATE OF GUJARAT Vs. RAJNI DAYARAM MALI
LAWS(GJH)-2010-4-202
HIGH COURT OF GUJARAT
Decided on April 21,2010

STATE OF GUJARAT Appellant
VERSUS
RAJNI DAYARAM MALI Respondents

JUDGEMENT

- (1.)Heard Mr.Niraj Soni, learned Assistant Government Pleader appearing on behalf of the applicants and Ms.Varsha Brahmbhatt, learned advocate appearing on behalf of the respondent.
(2.)Present application has been preferred by the applicants original appellants under sec.5 of the Limitation Act to condone the delay of 13 days caused in preferring the Second Appeal challenging the judgement and decree dtd.11/11/2009 passed by the learned Second Additional District Judge, Surat in Regular Civil Appeal No.9 of 2009.
(3.)Having heard the learned advocates appearing on behalf of the respective parties and considering the averments made in the application, it appears that sufficient ground has been made out by the applicants to condone the delay of 13 days in preferring the Second Appeal. Under the circumstances and so as to give one opportunity to the applicants original appellants to submit the case on merits rather than non-suiting them on the technical ground of delay, the application is allowed. The delay caused in preferring the Second Appeal is hereby condoned. Rule is made absolute accordingly. In the facts and circumstances of the case, there shall be no order as to costs.


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