STATE OF GUJARAT Vs. THAKOR KARANSINH NAHARSINH

JUDGEMENT

(1.) RULE . Mr.A.J.Patel, learned advocate, waives service of notice of Rule on behalf of the respondents. With the consent of the learned counsel for the respective parties, the petition is being heard and finally decided.

(2.) THE challenge in this petition, filed under Article 227 of the Constitution of India, is to the order dated 09.03.1999, passed by the learned Extra Assistant Judge and Additional Sessions Judge, Sabarkantha at Himmatnagar, in Civil Miscellaneous Application No.367 of 1993, whereby, the said application preferred by the petitioners for condonation of the delay of 11 months and 25 days (361 days) has been rejected.

(3.) MS .Asmita Patel, learned Assistant Government Pleader, has submitted that the District Court has rejected the application for condonation of delay on technical grounds and such an approach is not warranted in law. That the petitioners had given a satisfactory explanation for condonation of the delay, which has been brushed aside by the Court below. Looking to the said explanation, the delay ought to have been condoned.