Civil application filed to condone delay. Applicant filed affidavit proving service on three respondents and refusal of service on the second. Despite no respondent appearing, the court held sufficient cause was made out.
Rule made absolute in terms of prayer clause (a) to condone delay.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION.
CIVIL APPLICATION NO. 891 of 2004.
IN
FIRST APPEAL ST.NO.5820 OF 2004.
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Office notes, office
memoranda of Coram,
appearances, Court’sCourt’s or Judge’s orders.
orders or directions
and Registrar’s orders.
Ms.Sonali i/by M/s.Kiran Jain & Co.for the
Applicant.
CORAM : ABHAY S.OKA, J.
DATED : 18th January, 2007.
P.C.:
1.Heard the Advocate for the Applicant. An
affidavit of service has been filed by the
Applicant. It is stated in the affidavit that the
1st, 3rd and 4th Respondents have been served by
hand delivery and the acknowledgements signed by
the said Respondents are annexed to the affidavit.
It is further stated in the affidavit that the
notice issued to the 2nd Respondent by speed post
is returned unserved with postal remark on the
packet that the 2nd Respondent has refused to
accept the service.
2.None appears for the Respondents. In view
of the averments made in paragraphs 2 to 4 of the
application, sufficient cause is made out for
condonation of delay. Rule is made absolute in
terms of prayer clause (a).
Judge.
2 issues framed by the court
Whether sufficient cause is made out for condonation of delay given the affidavit of service.
Whether the application under prayer clause (a) should be allowed when no respondents appear.
First Appeal ST.NO.5820 of 2004
1st Respondent
2nd Respondent
3rd Respondent
4th Respondent
ABHAY S OKA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court