STATE OF GUJARAT Vs. RAMESHBHAI M SONI

JUDGEMENT

(1.) ISSUE raised for consideration in present application filed under Section 5 of the Limitation Act, 1963 , is for condonation of delay of 1263 days in filing captioned First Appeal by the State of Gujarat, which occasioned for the sufficient cause or not.

(2.) BRIEFLY stated, the respondent plaintiff filed a suit being Special Civil Suit No.84 of 1989 before the Court of learned Senior Civil Judge, Vadodara, for the damages of Rs.1,70,000/ - caused because of medical negligence of the appellant Nos.3 and 4, while operating the respondent plaintiff while treating for infection on left ear. The learned trial Judge, who tried the suit extended the opportunity to both the sides but the defendants i.e. applicants did not lead any evidence or produce any documentary evidence and remained contended by cross -examining the respondent plaintiff. At the end of trial, learned trial Judge passed decree to pay a sum of Rs.1,70,000/ - jointly and severally against the applicants herein on 30.9.2009 with 12% interest from the date of suit to till realization.

(3.) HEARD the submissions of learned AGP Mr. Devang Dave for the applicants and learned advocate Mr. P.P. Majmudar for the respondent.