PRABHATSING MADHAVSANG RATHOD Vs. KAHALSANG MADHAVSANG RATHOD

JUDGEMENT

(1.) THE instant petition under Articles 226 and 227 of the Constitution of India, is directed against the order dated 15.07.2013, passed by the learned 6th Additional District Judge, Ahmedabad (Rural), below Ex.15 in Civil Miscellaneous Application No.136 of 2012, whereby the said application for condonation of delay in filing an appeal against the judgment and order dated 05.05.2008, passed by the learned Principal Civil Judge, Dhandhuka, in Regular Civil Suit No.125 of 2001, has been rejected.

(2.) THE brief facts of the case are as follows: Respondent No.1 herein filed the abovementioned suit for partition of agricultural lands. The petitioner was arraigned as defendant No.1 in the suit. The petitioner and the respondents are siblings. According to the petitioner, no summons were personally served upon him and he was unaware of the final decision of the suit. The petitioner claims that he came to know about the judgment and decree dated 05.05.2008, only on 08.08.2012, when he received a letter from the Mamlatdar, Ranpur. Thereafter, he applied for a certified copy of the judgment and filed an appeal. As there was a delay of four years, three months and five days, the petitioner preferred an application for condonation of delay. This application has been rejected by the impugned order, giving rise to the filing of the present petition.

(3.) THIS Court has heard the learned advocate for the petitioner and perused the material on record.