ASHOKKUMAR RAJENDRAKUMAR Vs. MUSA AAMAD LAKHA

JUDGEMENT

(1.) RULE. learned advocate waives the service of notice of rule on behalf of the respondent. With the consent of the learned advocate appearing on behalf of the respective, parties, the matter is taken up for final hearing.

(2.) BY way of this Civil Revision Application the petitioners - original defendants / applicants-appellants have prayed for appropriate order to quash and set aside order dtd. 14/5/2008 passed by the learned Principal District Judge, Porbandar in Civil Misc. Application No. 28 of 2007 in dismissing the application for condonation of delay of 335 days in preferring appeal against the ex-parte judgement and decree dtd. 19/10/2006 delivered by the Additional Civil Judge, Porbandar in Regular Civil Suit No. 524 of 2002.

(3.) THE respondent herein - original plaintiff filed Regular Civil Suit No. 524 of 2002 in the court of learned Principal Senior Civil Judge, Porbandar for recovery of Rs. 40,750=00 with interest at the rate of 18% per annum which came to be decreed vide judgement and decree dtd. 19/10/2006. Being aggrieved by and dissatisfied with the judgement and decree passed by the trial court in Regular Civil Suit No. 524 of 2002, the petitioners - original defendants preferred appeal and as there was delay of 335 days days in preferring the appeal, the petitioners preferred Civil Misc. Application No. 28 of 2007 requesting to condone the delay caused in preferring the appeal and the learned Principal District Jude, Porbandar by his order dtd. 14/5/2008 dismissed the said application and refused to condone the delay of 335 days.