SHAKTITRADERS Vs. NIMA MARKETING ENTERPRISES

JUDGEMENT

(1.) THE present application has been preferred by the applicant - original defendant, under Section 5 of the Limitation Act,1963, to condone the delay of 143 days in preferring the Appeal from Order challenging the impugned order/judgement /decree dated 31st July,2008 passed by the learned City Civil Judge (Court No. 18), City Civil Court, Ahmedabad in Summary Suit No. 1449 of 2007.

(2.) MR. MATHUR, learned advocate appearing on behalf of the respondent - original plaintiff has submitted that as such Appeal from Order is not maintainable and against the judgement and decree, First Appeal is maintainable.

(3.) MR. LAKHANI, learned advocate appearing on behalf of the applicant has submitted that the applicant is challenging the order passed by learned City Civil Court, Ahmedabad to grant unconditional leave to defend and, therefore, Appeal from Order is maintainable.