Nimeshbhai Kalubhai Patel vs Digaben Punamchand Patel
2023 Latest Caselaw 627 Guj

     C/CA/2957/2022                                 ORDER DATED: 20/01/2023




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                      R/CIVIL APPLICATION NO. 2957 of 2022

          In F/CIVIL REVISION APPLICATION NO. 14284 of 2022

==========================================================
                         NIMESHBHAI KALUBHAI PATEL
                                   Versus
                         DIGABEN PUNAMCHAND PATEL
==========================================================
Appearance:
MR ABHISHEK M MEHTA(3469) for the Applicant(s) No. 1
RULE SERVED BY DS for the Respondent(s) No. 2
UNSERVED REFUSED (R) for the Respondent(s) No. 1
==========================================================

 CORAM:HONOURABLE MR. JUSTICE NIRAL R. MEHTA

                                Date : 20/01/2023

                                 ORAL ORDER

Present Civil Application is filed seeking condonation of delay of 5 days caused in preferring Civil Revision Application against judgment and order dated 11.2.2020 passed by the trial court in below Exh.35 in Regular Civil Suit No.4093 of 2015 pending in the court of learned 4 th Additional Senior Civil Judge, Vadodara.

This Court has issued Rule on 25.11.2022, making it returnable on 9.12.2022.

However, today, when the matter is taken up for hearing, office endorsement shows that respondent No.2 has been served and so far as respondent No.1 is concerned, he has refused to accept the notice of Rule. An affidavit of service

C/CA/2957/2022 ORDER DATED: 20/01/2023

to that effect is also filed.

Considering the averments made in the application and the submissions made by learned advocate for the applicant, sufficient cause has been made out so as to condone the delay. The delay deserves to be condoned and it is accordingly condoned. Rule is made absolute.

(NIRAL R. MEHTA,J) V.J. SATWARA