VANITABEN DHANJIBHAI LUMBHANI Vs. HEMANTBHAI KARAMSIBHAI RATHOD

JUDGEMENT

(1.) Application No.163 of 2018 (delay condone), whereby learned Additional District Judge, Rajkot rejected the prayer to condone the delay of 85 days caused in preferring an Appeal from Order.

(2.) Heard learned counsel Mr. Hriday Buch and learned counsel Mr.K.S.Chandrani for the respective parties.

(3.) Facts and circumstances giving rise to file a present petition are that, a suit for specific performance of the contract is filed by the respondent plaintiff, along with prayer of interim injunction Exh.No.5 against the present petitioner defendant. The summons of the suit served through public notice. During the pendency of the suit, due to non-appearance of the petitioner defendant, the ex parte order of interim injunction was passed by the trial Court and the same came to the knowledge of the defendant herein. An Appeal from Order along with delay condone application was filed before the District Court, Rajkot. Learned 11 th Additional District Judge, Rajkot has not accepted the reasons for delay of 85 days caused in preferring the Appeal from Order and accordingly, vide order dtd. 14/2/2019 the application came to be rejected.