STATE OF GUJARAT Vs. DIPAKKUMAR JAYSUKHLAL BHATT

JUDGEMENT

(1.) THIS Civil Application seeks condonation of delay of alleged delay of 68 days in filing the Second Appeal. RULE. The learned advocate appearing on behalf of contesting respondent waives service. The matter is taken up for final hearing.

(2.) ORIGINALLY when the Civil Application was filed it was stated in Paragraph No.2 as under:

(3.) THEREUPON the Court called upon the learned Additional Government Pleader to explain as to when the District Government Pleader had already recommended filing of Second Appeal vide communication dated 04.03.2005 which had been received in the legal department on 10.03.2005, what was the recommendation in the said communication and what was the basis for the recommendation. The original file was placed before the Court for perusal and it became apparent that the certified copy had already been applied for by the office of the District Government Pleader on 24.02.2005, the same was ready for delivery on 28.02.2005 and was obtained on the same day. Therefore, the applicant prayed for time to move an application for amendment. The said prayer was granted in Civil Application No.1103 of 2007 and amendment was permitted vide order dated 22.01.2007.