PASCHIM GUJARAT VIJ COMPANY LTD Vs. MOHANBHAI GANDABHAI

JUDGEMENT

(1.) Rule. Mr.Maulik Shelat, learned Advocate waives service of Rule on behalf of the respondent. With the consent of the learned Advocates appearing on behalf of the respective parties, present Revision Application is taken up for final hearing today.

(2.) Present Civil Revision Application has been preferred by the applicants original defendants challenging the impugned judgment and order dated 08.10.2009 passed by the learned 4th Fast Track Court, Rajkot in Civil Miscellaneous Application No.346 of 2009 in not condoning the delay of 309 days in preferring Regular Civil Appeal challenging the judgment and decree dated 13.10.2008 passed by the learned 11th Senior Civil Judge, Rajkot in Regular Civil Suit No.28 of 1990.

(3.) Mr.Dipak Dave, learned Advocate for the applicants herein original defendants has submitted that in the facts and circumstances of the case, more particularly learned Advocate appearing on behalf of the applicants retired from the matter, therefore, the applicants were not aware of the judgment and decree passed by the learned Trial Court and therefore, in the facts and circumstances of the case, learned Appellate Court ought to have condoned delay while imposing reasonable costs. Mr.Dave, learned Advocate for the applicants original defendants has pointed out / relied upon decisions of the Hon'ble Supreme Court as well as of this Court in support of his submission that normally sufficient cause in delay condonation application should be construed liberally.