AHMEDABAD ELECTRICITY COMPANY LIMITED Vs. ELECTRICITY MAZDOOR SABHA

JUDGEMENT

(1.) This Letters Patent Appeal is against the order passed by the learned single Judge condoning the delay of 290 days in preferring the First Appeal against the judgment and decree of the City Civil Court passed in Civil Suit No. 1315 of 1983 The operative portion of the order passed by the City Civil Judge is as follows:

(2.) learned Counsel appearing for the respective parties herein agreed that the Letters Patent Appeal may be admitted and finally Wed of today itself fully all the arguments have been answered if it is final hearing of the Letters Patent Appeal. In views of this consensus arrived at between the parties we beard the learned Advocates of both sides fully and after admitting the Letters patent Appeal we are passing the following order as final order in the Letters Patent Appeal.

(3.) In the Civil Application for condoning the delay which is Civil Application No. 39 of 1989 it is stated by the 1st respondent herein that he was elected as a General Secretary of the Union in the year 1988 that he was not aware of Civil Suit No. 1315 of 1983 ponding before the City Civil Court at Ahmedabad that he was not aware of the judgment being delivered in that suit on 9-2-1988 that the earlier General Secretary Shri Rathod had not apprised the present General Secretary about the pendency of such a suit and that he came to know only when a letter was received from the appellant herein in reply to certain correspondence sent by the 1st respondent. Hence according to the 1st respondent delay has been caused in corning forward with the First Appeal against the judgment and decree in Civil Suit No. 1315 of 1983.