Daxesh Pranshankar Pandya vs Kamlesh Ramanbhai Ka Patel
2021 Latest Caselaw 16959 Guj

     C/CA/1042/2020                                    ORDER DATED: 27/10/2021




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                      R/CIVIL APPLICATION NO. 1042 of 2020

                       In F/FIRST APPEAL NO. 7240 of 2020

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                        DAXESH PRANSHANKAR PANDYA
                                  Versus
                        KAMLESH RAMANBHAI KA PATEL
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Appearance:
MR R G DWIVEDI(6601) for the Applicant(s) No. 1
RULE SERVED(64) for the Respondent(s) No. 3,4,5,6
RULE UNSERVED(68) for the Respondent(s) No. 2
UNSERVED EXPIRED (R)(69) for the Respondent(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE A.G.URAIZEE

                                Date : 27/10/2021

                                 ORAL ORDER

Heard learned advocate for the applicant. There is no appearance on behalf of the respondent Nos.3,4,5 and 6 though served. Respondent No.2 who is owner of the offending vehicle is unserved and respondent No.1 driver of the vehicle has passed away. However, presence of legal heirs of respondent No.1 is not necessary for the purpose of disposal of present appeal.

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

C/CA/1042/2020 ORDER DATED: 27/10/2021

and considering the length of delay which is 21 days, the delay is condoned. The application stands disposed of. Rule is made absolute.

(A.G.URAIZEE, J) SURESH SOLANKI