Hiraben Damji Vanand Wd/O Late ... vs Valji Chhaganlal Chatravadiya ...
2021 Latest Caselaw 12640 Guj

      C/CA/1088/2021                                 ORDER DATED: 26/08/2021




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                       R/CIVIL APPLICATION NO. 1088 of 2021

                       In F/FIRST APPEAL NO. 19713 of 2020

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     HIRABEN DAMJI VANAND WD/O LATE DAMJI CHHAGAN VANAND
                            Versus
           VALJI CHHAGANLAL CHATRAVADIYA (BRAHMAN)
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Appearance:
MR. HEMAL SHAH(6960) for the Applicant(s) No. 1,2,3,4,5
MS DIMPLE A THAKER(6838) for the Respondent(s) No. 4
RULE SERVED(64) for the Respondent(s) No. 1,2
RULE UNSERVED(68) for the Respondent(s) No. 3
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 CORAM:HONOURABLE MR. JUSTICE N.V.ANJARIA

                                 Date : 26/08/2021

                                  ORAL ORDER

Heard learned advocate Mr.Hemal Shah for the applicants and learned advocate Ms.Dimple Thaker for the respondent No.4. Cause list shows that rule is served upon respondent Nos.1 and 2, however, none appears for them. Rule is unserved so far as respondent No.3. It was stated by learned advocate for the applicants that said respondent is not necessary party in the present Civil Application. In that view, respondent No.3 is deleted from the array of the parties of the present application.

2. Delay has taken place in preferring the First Appeal against the judgment and award of the Motor Accident Claims Tribunal.

3. Explaining the delay it was stated by the applicants that after the death of only bread earner in the family, the family suffered monetary crises.

C/CA/1088/2021 ORDER DATED: 26/08/2021

4. In the facts and circumstances of the case, sufficient cause could be said to have been made out to condone the delay of 180 days.

5. Accordingly, the delay of 180 days is hereby condoned. This application is allowed. Rule is made absolute.

(N.V.ANJARIA, J) Manshi