SUTHAR VALA KHUMA Vs. PATEL RAMSI DHARMA

JUDGEMENT

(1.) THE applicants have preferred this application under Section 5 of the Limitation Act seeking condonation of delay of 91 days occurred in preferring the Second Appeal.

(2.) THIS Court (Coram: Ms. R.M. Doshit, J.) on 13.9.2007 issued Rule, which was made returnable on 25.10.2007 on a condition that the applicants will deposit a sum of Rs.1000/ - in the registry of this Court on or before the returnable date by way of cost of this application. Shri Vishal Mehta, learned counsel for the applicant produces on record the receipt dated 23.10.2007 indicating that the applicants have already deposited the amount with the registry as per order dated 13.9.2007. The same is taken on record.

(3.) THE reasons mentioned in this application for delay are sufficient to explain the delay occurred in preferring the Second Appeal. In view of this, the delay deserves to be condoned and is accordingly condoned. Application is allowed. Rule is made absolute. Registry is directed to disburse the amount deposited by the applicants by way of cost amongst respondents after due verification by account payee cheque.