BABULAL DANABHAI MAKWANA RETIRED SOCIAL WELFARE INSPECT Vs. STATE OF GUJARAT THRO. SECRETARY & 5 ORS.

JUDGEMENT

(1.) RULE . Shri Rakesh Patel, learned A.G.P. waives service of Rule for respondent Nos. 1, 2, 3 and 5. As Shri Munshaw, learned advocate has appeared before the learned Single Judge in the main Special Civil Application for respondent No. 4, at our suggestion, Shri Munshaw, learned advocate waives service of Rule for respondent No. 4. In the facts and circumstances of the case and with the consent of the learned advocates appearing for the respective parties, the present application is taken up for final hearing today.

(2.) THE present application under Section 5 of the Limitation Act has been preferred by the applicant -original petitioner to condone the delay of 5 days caused in preferring the Letters Patent Appeal challenging the impugned order dated 05.07.2012 passed by the learned Single Judge in Special Civil Application No. 16026 of 2011. Having heard the learned advocates appearing for the respective parties, considering the averments in the application in support of prayer to condone the delay and as sufficient cause is shown and even otherwise, to give one additional opportunity to applicant to submit the case on merits rather than non suiting him on the technical ground of delay, delay caused in preferring the appeal is hereby condoned. Rule is made absolute to the aforesaid extent. No order as to costs.