KALUSINH MAGANSINH SOLANKI Vs. KANVARSINH PARVATSINH RATHOD

JUDGEMENT

(1.) The respondent No.2 - Gujarat State Road Transport Corporation has already been served. Learned Advocate Ms. Sejal Mandavia represents the respondent No.2.

(2.) This Application has been filed praying for condonation of delay of 823 days in filing of the above First Appeal.

(3.) Learned Advocate for the applicant Mr. Paresh M. Darji submitted that the applicant had other expenses in the family to be borne and the applicant could not manage the Court fees, which led to the delay in filing of the present Appeal. Besides, the applicant lives in an interior area. Learned Advocate has relied upon the judgment of the Hon'ble Apex Court in the case of K. Subbarayudu v. Special Deputy Collector (Land Acquisition) reported in 2017 (12) SCC 840. It is submitted that the cause for delay should receive liberal construction so as to advance substantial justice. It is submitted that the applicant/s are ready and willing to forego the interest and the consequential statutory benefits during the delayed period and thus prayed for liberal consideration of the sufficient cause.