(1.) The present petition is filed challenging the order dtd. 30/6/2022 passed by the learned Principal District Judge, Narmada at Rajpipla in Civil Miscellaneous Application No.9 of 2021 below Exh.7, by which the delay of 377 days caused in preferring the appeal was not condoned.
(2.) Heard learned advocate Mr.Mahida for the petitioners and learned advocate Mr.Purohit for the respondent.
(3.) Learned advocate Mr.Mahida submitted that the petitioner herein is the original defendant in Regular Civil Suit No.141 of 2017, whereby the learned trial Court has passed the judgment and decree on 16/1/2020 and being aggrieved by the same, the defendant filed appeal on 25/2/2021 with an application for condonation of delay of 377 days. He submits that the delay is caused due to the outbreak of pandemic of covid-19 within a period of two months from the date of judgment i.e. 16/1/2020 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, wrongly relying on the old judgments, is apparently erroneous. He further submitted that the lower appellate Court has taken a hypertechnical approach while considering the application for condonation of delay, more particularly, in the peculiar circumstances of pandemic. He, therefore, prayed to allow this petition.