ASHOKBHAI RAMESHBHAI TADPADA Vs. KIRITBHAI RAMESHBHAI TADPADA

JUDGEMENT

(1.) The present petition is filed challenging the th order dtd. 30/12/2021 passed by the learned 4 Additional District Judge, Anand, in Civil Miscellaneous Application No.165 of 2021 below Exh.1, whereby the delay caused in preferring the appeal was not condoned.

(2.) Heard learned advocates.

(3.) Learned advocate Mr.Vakil for the petitioner submitted that the petitioner herein is the original defendant in Regular Civil Suit No.10 of 2016, whereby the learned trial Court has passed the judgment and decree on 8/8/2019 and being aggrieved by the same, the defendant filed appeal on 2/9/2021 with an application for condonation of delay. He submits that the delay is caused due to the outbreak of pandemic of COVID-19 and the closure of Courts for certain period. He has drawn the attention of this Court to the recent judgment of Hon'ble Apex Court and submitted that the Hon'ble Apex Court has taken suo motu cognizance of the same and vide order dtd. 10/1/2022 passed in Miscellaneous Application No.21 of 2022 in Miscellaneous Application No.665 of 2021 in Suo Motu Writ Petition (C) No.3 of 2020, has directed to exclude the period from 15/3/2020 to 28/2/2022 for the purpose of limitation. He, therefore, submitted that the order of the learned lower appellate Court is apparently erroneous. He further submitted that the lower appellate Court has not considered the peculiar circumstances of pandemic. He, therefore, prayed to allow this petition.