DISTRICT COLLECTOR Vs. DILAVARKHA MAHMADBHAI

JUDGEMENT

(1.) THE present Civil Application under Section 5 of the Limitation Act has been preferred by the applicants - original defendants to condone the delay of 98 days in preferring the Second Appeal challenging the impugned judgement and order dated 31/07/2008 passed by learned Additional District Judge, Bhavnagar in Regular Civil Appeal No.57 of 2008. THEre is no counter reply filed by any of the respondents. Mr.Lalakiya, learned advocate for Mr.R.M.Chhaya, learned advocate appearing on behalf of respondent Nos.3 and 4 has stated at the bar that he has no objection, if the delay is condoned.

(2.) WITH a view to give an additional opportunity to the applicants to submit their case on merits rather than dismissing the same on technical ground of delay of 96 days in preferring the Second Appeal, delay in preferring the Second Appeal is hereby condoned. Rule is made absolute accordingly. No costs.