DISTRICT DEVELOPMENT OFFICER Vs. SUTHAR KUNDANBEN ASHOKKUMAR

JUDGEMENT

(1.) PRESENT application under sec.5 of the Limitation Act has been preferred by the applicants - original appellants to condone the delay of 69 days caused in preferring the Second Appeal challenging the judgement and order passed by the appellate court dtd.11/5/2009 in Civil Appeal No.61 of 2006.

(2.) HAVING heard the learned advocates appearing on behalf of the respective parties and considering the averments made in the application and so as to give one opportunity to the applicants to submit the case on merits rather than non-suiting them on the technical ground of delay, the application is allowed. The delay caused in preferring the Second Appeal is hereby hereby condoned. Rule is made absolute accordingly. In the facts and circumstances of the case, there shall be no order as to costs.