DHANSUKHBHAI PARSOTTAMBHAI RANDIDIYA Vs. KHURSID ROHINTAN DARASA ENGINEER

JUDGEMENT

(1.) The present petition is filed by the petitioner - original applicant/appellant - original defendant challenging the order impugned dtd. 12/9/2022 in Civil Misc. Application (for condonation of delay) No.95 of 2019 by the 5 th Additional District Judge, Bharuch, by which, the appellate Court below has rejected the application for condonation of delay of five years and eight months in preferring the appeal, against the judgment dtd. 2/12/2013 and decree dtd. 10/12/2013 passed in Special Civil Suit No.132 of 2012 by the trial Court i.e. the Principal Senior Civil Judge, Bharuch.

(2.) Heard learned advocates.

(3.) Mr.Malhar J. Parmar, learned advocate for the petitioner has submitted that the appellate Court below has not properly considered the explanation given in the delay condonation application though sufficient cause has been shown by the petitioner in detail. He has submitted that the petitioner has categorically stated in the application that the advocate of the petitioner has not informed about the further proceedings after the vakalatnama and written statement is filed. Therefore, he was not aware about the proceedings before the trial Court. He has further submitted that he is residing at Amreli and the proceedings were at Bharuch and therefore, he could not secure his presence before the trial Court at Bharuch. He has submitted that he was therefore not able to keep track of the suit proceedings. He has submitted that his advocate has not informed about the judgment and decree passed by the trial Court and therefore, he could not file an appeal in time against the said judgment and decree passed by the trial Court.