HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil First Appeal No. 1/2020
1. The Competent Authority Cum Sub Divisional Magistrate, (Sub Divisional Officer), Mount Abu.
2. The District Collector, Sirohi.
3. The District Transport Officer, Sirohi
----Appellants Versus Gopal Purohit S/o Sh. Keshvram Ji, Aged About 56 Years, R/o Parsichal, Aburoad.
----Respondent For Appellant(s) : Mr. Utkarsh Singh for Mr. Sunil Beniwal.
For Respondent(s) : Mr. Sunil Purohit.
HON'BLE MR. JUSTICE ARUN BHANSALI Order 19/08/2021 Heard learned counsel for the parties on application filed by the appellants under Section 5 of the Limitation Act seeking condonation of delay in filing the appeal.
In the application under Section 5 of the Limitation Act submissions have been made that after the impugned judgment and decree was passed, counsel obtained the copy, a decision regarding filing of the appeal was taken and the material was supplied to the office of the Additional Advocate General. The delay occurred in collecting the further information, which was sought by the office of the Additional Advocate General, which was supplied on 22.08.2019, thereafter, it took time for the office of AAG to prepare the appeal, which has been filed on 13.09.2019. It (Downloaded on 19/08/2021 at 09:02:40 PM) (2 of 2) [CFA-1/2020] is prayed that the appellants have got a strong case and that the delay in filing the appeal is bona fide, therefore, the same be condoned.
The application is contested by the respondent - plaintiff inter alia indicating that the reasons in the application do not make out a sufficient cause and, therefore, the application deserves to be dismissed.
Learned counsel for the parties made submissions in terms of the averments made in the application and the reply.
I have considered the submissions made by learned counsel for the parties and have perused the material available on record.
The appeal is barred by 95 days, in the application under Section 5 of the Limitation Act, specific dates and details have been indicated by the appellants, which led to the delay in filing of the appeal. The reasons given in the application under Section 5 of the Limitation Act are sufficient for seeking condonation of delay of 95 days.
Consequently, the application under Section 5 of the Limitation Act is allowed. The delay is condoned.
List the appeal for admission.
(ARUN BHANSALI),J 12-Sachin/-
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