NAINESH GIRISHKUMAR PANCHAL Vs. CHIRAG GIRISHKUMAR PANCHAL

JUDGEMENT

(1.) Draft Amendment, so far as 'incorrect number days of delay i.e. 542' as mentioned in Civil Application [For Condonation of Delay] is allowed. Applicant to carry out necessary amenment forthwith.

(2.) Heard learned Advocate Mr. Punam G. Gadhvi for the Applicant/Appellant and learned Advocate Mr. Dhruvik K. Patel for the Opponent/Respondent through video conference.

(3.) The Applicant/Appellant [Original Defendant No.1] has filed this Application under Section 5 of the Limitation Act for the prayer to condone the delay of 285 days in preferring the Appeal from Order against the order dated 6.5.2019 Application Exh. 6 and 7 (Notice of Motion) by the learned Judge, City Civil and Sessions Court, Ahmedabad in Civil Suit No. 1326 of 2018 on the ground that after the order was passed by the learned City Civil and Sessions Court on 6.5.2019, the Applicant had tried to enter into a compromise deed but the effort was in vague and on such premises the Applicant could not make the Application in time and has thus preferred this Delay Condonation Application. It is submitted that due to global outbreak of COVID-19 pandemic, lockdown was imposed throughout the country since 22nd March 2020 under such circumstances, the Applicant could not prefer Appeal within the limitation period.