HARIJAN RAMJIBHAI TALSHIBHAI Vs. SHARDABEN KANTILAL

JUDGEMENT

(1.) THE present Civil Application has been preferred by the applicant original defendant to condone the delay of 1092 days in preferring the main Civil Revision Application.

(2.) IT is the case on behalf of the applicant original defendant that as such two Civil Suits were filed; one was filed by the applicant and another was filed by the Opponents, the Suit filed by the applicant came to be decreed and Suit filed by respondents came to be dismissed, against which, two Appeals were preferred by the Opponents being Regular Civil Appeal Nos. 20 of 2003 and 21 of 2003, which came to be allowed on the same date and against the judgement and order passed by Appellate Court in Regular Civil Appeal No. 21 of 2003, the applicant had preferred Second Appeal being Second Appeal No. 250 of 2005. However, the applicant was of the bonafide impression that one Appeal is already preferred, it will be sufficient and Revision Application against the judgement and order passed by the Appellate Court in Regular Civil Appeal No. 20 of 2003 is not required to be filed. It is submitted that as such there was no malafide intention on the part of the applicant not to prefer the Revision Application within stipulated time more particularly when the applicant did challenge the judgement and order passed in Regular Civil Appeal No. 21 of 2003. Under the circumstance, it is requested to allow the present application and to condone the delay on imposing reasonable cost.

(3.) MR. ANAND Sharma, learned advocate appearing on behalf of the Opponents has vehemently opposed the present Civil Application by submitting that looking to the delay of 1092 days, the same may not be condoned.