KALABHAI GALBABHAI BHANGI Vs. SHINAVAD KELAVANI MANDAL

JUDGEMENT

(1.) Present application under sec. 5 of the Limitation Act has been preferred by the applicant - original appellant for condonation of delay of 1043 days caused in preferring the main Second Appeal challenging the judgement and order dtd. 30/12/2016 passed by the learned Additional District Judge, Aravalli at Modasa in Regular Civil Appeal No.90 of 2013 (Old Regular Civil Appeal No.76 of 2012) preferred by the present applicant under sec. 96 of the Code of Civil Procedure whereby the learned Judge has disallowed the aforesaid appeal and confirmed the order and decree dtd. 23/10/2012 passed by the learned Principal Senior Civil Judge, Modasa in Regular Civil Suit No.76 of 2007.

(2.) Mr.Krunal Pandya, learned advocate for the applicant has submitted that the delay has been caused due to genuine reasons and due to the circumstances which were beyond the control of the applicant. It is submitted that the impugned judgement was pronounced on 30/12/2016 but the advocate who appeared on behalf of the applicant never informed the applicant and when the applicant asked about the case status, advocate always informed that the case is going on and when the applicant namely Lalajibhai Rambhai Bhangi got information on 27/11/2019 from the office of the trial court that their case was dismissed by the trial court, Lalabhai made an application for certified copy on the same day and copy was prepared by the office of the trial court on 29/11/2019 and given to the applicant on 29/11/2019.

(3.) Mr.Krunal Pandya, learned advocate for the applicant has further submitted that the applicant is not financially sound to engage advocate before this Court and therefore, the applicant approached the legal aid on 15/12/2019 and legal aid was provided to the applicant and the advocate asked more documents of the trial court and therefore the delay has occurred.