Rajubhai Kesarabhai Damor vs Kalpeshbhai Chhaganbhai Patel
2021 Latest Caselaw 16743 Guj

      C/CA/4638/2019                               ORDER DATED: 25/10/2021




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
                  R/CIVIL APPLICATION NO. 4638 of 2019
                   In F/FIRST APPEAL NO. 38928 of 2019
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                         RAJUBHAI KESARABHAI DAMOR
                                    Versus
                       KALPESHBHAI CHHAGANBHAI PATEL
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Appearance:
NISHIT A BHALODI(9597) for the Applicant(s) No. 1
RULE SERVED(64) for the Respondent(s) No. 2,3
UNSERVED EXPIRED (R)(69) for the Respondent(s) No. 1
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  CORAM:HONOURABLE MR. JUSTICE A.G.URAIZEE

                               Date : 25/10/2021
                                ORAL ORDER

Heard learned advocate for the applicant. Though served, none appears on behalf of respondent Nos.2 and

3. Respondent No.1-driver of the offending vehicle has passed away. However, appearance of his legal heirs is not necessary for the purpose of disposal of this application.

The present application under Section 5 of the Limitation Act is preferred to condone the delay which is occurred in preferring First Appeal to assail the impugned judgment and award.

Considering the averments made in this application, the delay is condoned. The application stands disposed of. Rule is made absolute.

(A.G.URAIZEE, J) ALI