Gujarat High Court
Manjulaben Wd/O Tentabhai vs Mi Surati Badge Nmo 13362 on 13 December, 2013
Author: M.D.Shah
Bench: M.D. Shah
MANJULABEN WD/O TENTABHAI BHURABHAI BARIAV/SMI SURATI BADGE NMO 13362 C/CA/7169/2012 ORDER IN THE HIGH COURT OF GUJARAT AT AHMEDABAD CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 7169 of 2012 In FIRST APPEAL (STAMP NUMBER) NO. 2914 of 2009 ================================================================ MANJULABEN WD/O TENTABHAI BHURABHAI BARIA & 4....Applicant(s) Versus MI SURATI BADGE NMO 13362 & 1....Respondent(s) ================================================================ Appearance: MR MA KHARADI, ADVOCATE for the Applicant(s) No. 1 - 5 RULE SERVED for the Respondent(s) No. 2 SERVED BY RPAD - (R) for the Respondent(s) No. 1 ================================================================ CORAM: HONOURABLE MR.JUSTICE M.D. SHAH Date : 13/12/2013 ORAL ORDER
This application is filed under Section 5 of the Limitation Act for condonation of delay of 1473 days against the judgment and award dated 10.3.2005 passed in M.A.C.Petition No.1489 of 2004 (old number 398 of 1996) by which the learned Tribunal has partly allowed the claim petition.
Though notice of rule is served to the opponents, no body appeared nor filed any reply for controverting the submissions made in the application.
The present applicant is lady, illiterate and residing in a small village and coming from tribal community.
Considering the averments made in this application, sufficient cause is made out to condone the delay caused in filing the appeal. Hence, this application is allowed. Delay caused in filing the appeal is condoned. Rule is made absolute.
(M.D.SHAH, J.) Srilatha Page 2 of 2