VINODRAI CHANDULAL KATARMAL Vs. BHAILAL HARILAL NANDA

JUDGEMENT

(1.) Heard learned advocate Mr. Hasit Joshi for the applicant and learned advocate Mr. DB Kansara for learned advocate Mr. Dinesh V Solanki for respondents nos. 4.3, 4.6.

(2.) At the outset learned advocate Mr. Joshi on behalf of the applicant would submit that while notice had been issued by the Co-ordinate Bench of this Court vide order dtd. 14/9/2021, the Notice could be served upon the respondents nos. 10, 12, 3, 4.1, 4.4, 4.7, 5, whereas respondents nos. 1, 11, 13, 2, 4.2, 4.5, 6, 7, 8, 9 have refused to accept the Notice and respondent no.3 is shown as un served and whereas according to the learned advocate, respondent no.4 has already expired and learned advocate Mr. Solanki, represent respondents nos. 4.3, 4.6 who have been joined as legal heirs of respondent no.4.

(3.) On merits, learned advocate Mr. Joshi submits that the present application is preferred challenging an order passed by the learned Principal District Judge, Jamnagar, dtd. 23/7/2021 in Civil Misc. Application No. 1 of 2020, whereby learned Principal District Judge, Jamnagar had rejected the application preferred by the present applicant for condoning delay of 90 days which had occurred in preferring Appeal against the judgment and order passed by the 5 th Addl. Sr. Civil Judge, Jamnagar in Regular Civil Suit NO. 152 of 2010 dtd. 1/10/2019.