RAKESH TRILOKCHAND AGRAWAL Vs. SATYANARAYAN RAJNARAYAN DUBE

JUDGEMENT

(1.) This Civil Revision Application is filed under Sec. 115 of the Code of Civil Procedure, 1908 ('CPC' for short), in which, the applicants have challenged the order dtd. 14/12/2020 passed by the 14th Additional District Court, Surat, in Civil Misc. Application No.197 of 2019.

(2.) Heard learned advocate Mr.H.B. Champavat for learned advocate Mr.Yunus U. Malek for the applicants. Though served, none appears for the respondents.

(3.) Learned advocate for the applicants mainly contended that the present applicants filed Regular Civil Suit No.276 of 2013 before the learned Principal Senior Civil Judge, Surat, against the present respondents - defendants for declaration and permanent injunction. It is further submitted that the concerned Civil Court by an order dtd. 2/4/2018 dismissed the said suit. It is pointed out that thereafter, the present applicants filed an appeal before the District Court. However, there was a delay of 368 days caused in filing the said appeal and, therefore, the present applicants filed a separate application being Civil Misc. Application No.197 of 2019 under Sec. 5 of the Limitation Act, 1963 ("the Act" for short) for condonation of delay.