ANANDKUMAR CHIMANLAL MODI Vs. CHAIRMAN NALA COMPLEX

JUDGEMENT

(1.) THE present application has been preferred by the applicant - original plaintiff, under Section 5 of the Limitation Act,1963, to condone the delay of 49 days in preferring the Appeal from Order challenging the impugned order passed by the learned Chamber Judge, City Civil Court, Ahmedabad below Notice of Motion in Civil Suit No. 709 of 2008.

(2.) THOUGH served, nobody appears on behalf of respondent No. 2 and respondent No. 1 has refused to accept the notice of the present application. Thus, there is no opposition so far as respondent No. 2 is concerned and respondent No. 1 be treated as served, in view of the refusal.

(3.) IN view of the above, the application is allowed. Delay caused in preferring the Appeal from Order challenging the impugned order passed by the learned Chamber Judge, City Civil Court, Ahmedabad below Notice of Motion in Civil Suit No. 709 of 2008 is hereby condoned. Rule is made absolute accordingly.