Jadeja Balvantsinh Vesalji vs Panbai Harshi Shah
2022 Latest Caselaw 2495 Guj

     C/CA/1370/2021                                 ORDER DATED: 04/03/2022




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                      R/CIVIL APPLICATION NO. 1370 of 2021

                      In F/SECOND APPEAL NO. 17226 of 2021

==========================================================
                         JADEJA BALVANTSINH VESALJI
                                    Versus
                             PANBAI HARSHI SHAH
==========================================================
Appearance:
MOHSINKHAN A KOREJA(9296) for the Applicant(s) No. 1
MR. HJ KARATHIYA(7012) for the Applicant(s) No. 1
MR AR THACKER(888) for the Respondent(s) No. 2,3
RULE SERVED for the Respondent(s) No. 1
==========================================================

 CORAM:HONOURABLE DR. JUSTICE A. P. THAKER

                                Date : 04/03/2022

                                 ORAL ORDER

1. Heard learned advocates appearing for the respective parties and perused the application along with the affidavit in reply filed by the opponents objecting the grant in the condonation of delay.

2. Learned advocate Mr.H.J.Karathiya for the appellant has vehemently submitted that there is only delay of 35 days as during the Pandemic period of CORONA the delay was suspended and therefore the delay may be condoned.

3. Per contra, learned advocate Mr.A.R.Thacker for the respondent nos.2 and 3 has vehemently submitted that the appellant was not even knowing regarding the passing of the order as averred in this application and the delay has not been properly explained. According to him, as the judgment was

C/CA/1370/2021 ORDER DATED: 04/03/2022

passed in the month of November 2019 that period of limitation had expired in the year February 2020 and thereafter, there was no cause for any delay, however, the fact that the appellant has remained silent and did not file appropriate application even during the period of Pandemic, he has objected in granting the same.

4. Having considered the submissions made on behalf of both the sides and considering the averments made in the application, this Court is of the opinion that the right of the suit is survived and the case between the parties should be decided on its own merits, instead of on technical grounds.

5. In view of the aforesaid, the delay occurred in preferring the second appeal is hereby condoned. The present Civil Application is allowed. Registry to register the Second Appeal accordingly. No order as to costs.

(DR. A. P. THAKER, J) URIL RANA