MOHANLAL BABUBHAI NAVDIWALA Vs. MANUBHAI PARSOTTAMBHAI MANVAR

JUDGEMENT

(1.) LEAVE to amend is granted.

(2.) CHALLENGE in this petition is to the order of learned 6

(3.) LEARNED advocates for the respondents also have been heard. It is agreed by the learned advocate for the petitioner that the application moved before the trial Court was vague and it would not cull out from the application as to what amount of delay had been caused in preferring such application. The Court below naturally would not be in a position to condone the same nor opine on the merits of the application. To cut the issue short as the learned advocates for the parties herein have agreed to challenge the application as that may be moved afresh by the petitioner on merit before the trial Court, the order impugned is set aside permitting the petitioner to move an application with precise period of delay in preferring such an application and both the sides will be at liberty to contest it on merit.