GOVINDBHAI Vs. BHARAT PETROLEUM CORPORATION LTD

JUDGEMENT

(1.) Being aggrieved and dissatisfied with the order dtd. 29/9/2021 passed by the learned Small Causes Court, Ahmedabad in Civil Miscellaneous Application No.251 of 2018 (Delay Condonation Application) the plaintiffs, who are respondent nos. 1 to 5 in the Civil Miscellaneous Application have preferred this revision application.

(2.) The facts giving rise to the present revision application in nutshell are as under.

(3.) The main contention of the plaintiff is that there was no cause for condoning the delay as the conduct of the defendant in not prosecuting the appeal was believed by the Appellate Court in its order. It is also contended that the Appellate Court has failed to consider the facts that appeal was pending for 10 years and it was not prosecuted by the advocate for the defendant and it was ultimately dismissed for want of prosecution. According to the plaintiff, considering the gross misconduct on the part of the defendant no. 1, delay ought not to have been condoned by the Appellate Court. It is also contended that the defendant no.1 was negligent in conducting the matter and therefore, the Appellate Court could not have allowed the delay condone application especially when the defendant no. 1 is occupying the land without any legal title and without paying any money to the plaintiff and it has tried to handover the part of the possession to the third party.