BHURIYA DINESHBHAI DEVABHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present application has been filed for condonation of delay of 103 days caused in filing the leave to appeal.

(2.) Mr. Muhammadyusuf M.Kharadi, learned advocate for the applicant states that, delay of 103 days occurred since the matter came to be dismissed for default. Mr. Kharadi submits that the learned trial Court has failed to verify from the registry whether there was any compliance of his own order of handing over the cover of bailable warrant and on the very next adjournment, the matter came to be dismissed for default. He submits that the matter had remained pending because of non-functioning of the Court due to Covid-19 pandemic and the order of handing over the cover was passed on 30/3/2022, and on 20/4/2022, the matter came to be dismissed. The Advocate for the applicant was present in the Court and without any verification, the dismissal order was passed.

(3.) In the case of Collector, Land Acquisition, Anantnag and Another v. Mst . Katiji and Others reported in AIR 1987 SC 1353 it has been observed as under :-