CHHAGANBHAI MAGANBHAI VASAVA Vs. ABHESING JEETSING RANA

JUDGEMENT

(1.) The present application has been preferred by the applicant-original appellant to condone the delay of 337 days in preferring the Second Appeal challenging the judgement and order dated 08/12/2005 passed by the learned Additional District Judge, Fast Track Court No. 4, Rajpipla in Regular Civil Appeal No. 62/2000 as well as the judgement and decree dated 28/03/2000 passed by the learned Civil Judge (Junior Division), Dediyapada in Regular Civil Suit No. 31/1988.

(2.) This application is called out twice today. On both the occasions, the learned advocate appearing on behalf of the respondents is absent and, therefore, the present application is heard ex parte.

(3.) Considering the averments made in the application, which are not controverted by way of affidavit-in-reply, and so as to give one opportunity to the applicant to submit the case on merits rather than non-suiting him on the technical ground of delay, the delay caused in preferring the Second Appeal is hereby condoned.