RADHESHYAMBHAI BHIKHURAMBHAI DANIDHARIYA Vs. NATIONAL INSURANCE CO. LTD.

JUDGEMENT

(1.) The applicant has filed this application under section 5 of the Limitation Act, 1963 for condonation of delay of 18 days caused in preferring the captioned first appeal.

(2.) Heard learned advocate Mr. G. K. Chauhan for the applicant. Rule issued by the Court appears to have been duly served upon the respondents.

(3.) Having heard the learned advocates present and considering the averments made in the application, more particularly, the averments made in paragraphs 3 and 4 thereof, it appears that sufficient cause has been shown for the condonation of delay. Further, as per the catena of decisions of the Apex Court, every matter is required to be decided on merits rather than mere technicalities and therefore, in the considered opinion of this Court, if delay is condoned, the same would meet the ends of justice. The prime purpose for which Section 5 of the Limitation Act, 1963 was enacted was to enable the Courts to do substantial justice and that is the prime reason as to why very elastic expression and sufficient cause is employed therein so as to sub-serve the ends of justice.