BAGADIRAM Vs. SHIVNARAYAN

JUDGEMENT

(1.) Heard on I.A. No. 1463/14, an application under section 5 of the Limitation Act for condonation of delay in filing the review petition. Learned counsel for the applicant submitted that after receipt of the notice of the writ petition, applicant has engaged Shri Ajit Jain, Advocate of Mandsaur who assured applicant that he will appear and conduct the case before the Hon'ble Court. But later on applicant came to know that he has not appeared before the Hon'ble Court on the date of hearing, therefore, the impugned order has been passed in his absence. Thereafter, he came to Indore and obtained the certified copy of order then engaged the counsel and filed the application. Thus, this application is delayed by 115 days. The delay is bona fide, in support of the application, he has filed the affidavit, therefore, it is requested that delay be condoned.

(2.) Learned counsel for the respondents opposed the application.

(3.) We have gone through the application and affidavit. There is no counter affidavit filed by the respondents. We found that the delay in filing the review petition has satisfactorily been explained. Thus, the application is allowed and delay is condoned.