ANWARBHAI AADAMBHAI KAPADIA Vs. MANISHABEN

JUDGEMENT

(1.) THE present application has been preferred by the applicant-original defendant no. 4 under Section 5 of the Limitation Act to condone the delay of three days in preferring the Appeal from Order challenging the order passed by the learned Motor Accident Claims Tribunal.

(2.) HAVING heard the learned advocates appearing on behalf of the respective parties and considering the averments made in the application and considering the fact that the delay is only of three days and so as to given an opportunity to the applicant-original defendant no. 4 to submit the case on merits rather than non-suiting the applicant on technical ground of delay, the delay caused in preferring the Appeal from Order is condoned.

(3.) WITH this the present application is allowed. Rule is made absolute accordingly.