(1.) The civil miscellaneous petition is filed to condone the delay of 380 days in filing the appeal suit against the Judgment and decree dated 30.08.2018 passed in O.S.No.735 of 2011 on the file of V Additional Judge, City Civil Court.
(2.) The learned counsel for the petitioner made a submission that on account of default committed by clerk working in his office, the delay occurred and therefore, the delay is neither willful nor wanton. The reason stated in paragraph No.5 of the affidavit filed in support of the miscellaneous petition, reads as under:
(3.) This Court is of the considered opinion that the appeal suit is filed after filing of the execution petition by the decree holder. Thus, the petitioner was not vigilant in pursuing his remedy. He has chosen to pursue the remedy, even after the execution petition filed by the other party. When a litigant is not vigilant in pursuing his remedy and filing a petition in enormous delay, the Court cannot encourage such appeals by diluting law of limitation.
ABOUT US "REGENT COMPUTRONICS PVT. LTD." is a Company incorporated in 1991 under the provisions of the Companies Act, 1956. Since its inception to 1995, the Company was busy in carrying out the activities related to various Banks' Job Work..
Read More
Sales: sales@the-laws.com
Support: info@the-laws.com
8000853936
9376168072
27, 4TH FLOOR, Agrawal Center, Ashram Road, Income Tax, Ahmadabad 380014.
LOGIN