ORIENTAL INSURANCE CO. LTD Vs. VITTHALBHAI M. PATEL

JUDGEMENT

(1.) The present petition is filed challenging the order passed below Exh.21 in CMA No.102 of 2019 dated th 10/3/2021 by which the learned 4 Additional Senior Civil Judge, Mehsana has rejected the application for condonation of delay filed in preferring review application under Sec. 47 Rule 1 read with Sec. 152 of the Code of Civil Procedure ('CPC' for short).

(2.) The brief facts which are set out are that the present respondents have filed the RCS No.346 of 2014 nd (old SCS No.260 of 2000) whereby the learned 2 Additional Civil Judge, Mahesana has passed the judgment and decree dtd. 29/2/2016 by directing the petitioner to pay the amount of mesne profit from 14/6/1997 and also if the present petitioner-defendant in the suit has filed to pay the said amount within six months from the date of the judgment, then thereafter the said amount will carry interest of 9% p.m., which is not challenged. Thereafter, in the year 2017, on 6/2/2017, the execution proceeding is preferred by the judgment creditor and executing Court passed the order on 23/1/2018 wherein the present petitioner is a party.

(3.) Thereafter, on 21/6/2019, the present application i.e. CMA No.102 of 2019 is preferred by the present petitioner-insurance company by praying for condonation of delay of more than 1207 days in filing review application preferred under Order 47 Rule 1 read with Sec. 152 of CPC which application was opposed by the respondent and the learned trial Court, by impugned order dtd. 10/3/2021, rejected the application for condonation of delay. Therefore, the present petition is preferred.