The Court condoned a delay of 301 days in filing a Second Appeal based on uncontroverted averments regarding the applicants' remoteness, lack of legal knowledge, and procedural formalities required to challenge a lower court judgment.
Delay of 301 days in filing the Second Appeal is condoned.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
C/CA/3214/2019 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CIVIL APPLICATION NO. 3214 of 2019
In F/SECOND APPEAL NO. 12793 of 2019
========================================================== NAGARBHAI CHELABHAI DHUNKH(THAKORE)
Versus GOVINDBHAI PUNJABHAI PATEL
==========================================================
Appearance:
MR MB RANA(2760) for the Applicant(s) No. 1,2 MR KEYUR A VYAS(3247) for the Respondent(s) No. 1,2
==========================================================
CORAM: HONOURABLE MR.JUSTICE G.R.UDHWANI
Date : 10/02/2020
ORAL ORDER
The captioned second appeal is sought to be filed with a delay of 301 days with the following explanation.
“The applicants respectfully submit that, the applicants are agriculturist and residing in the remote village. They are not much aware about the legal proceedings and therefore, the applicants were not aware the remedy against the judgment and order passed in Regular Civil Appeal No. 22 of 2013 on 17.3.2018. The applicants received the notice of Darkhast Application being Regular Civil Darkhast Application No. 799 of 2018 preferred by the respondents herein for the implementation and execution of the decree passed in R.C.S. No. 254 of 2003 and therefore, they approach the advocate at Palanpur. Upon consulting the advocate, the applicants got the advice that, they required to challenge the judgment and order passed in First Appeal before this Honourable Court and thereafter the applicants approach the advocate at Ahmedabad for preparing and filing the second appeal. The applicants further submit that, to preferred the Second Appeal before this Honourable Court, the applicants required to
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C/CA/3214/2019 ORDER
collect the original record of R.C.S. No. 254 of 2003 from the Court of Learned 3rd Additional Senior Civil Judge, Palanpur. Also the applicants required to manage the affairs to meet with the expenses filed the second appeal. Therefore, to complete all above stated formalities and procedure, there is a delay of 301 days in preferring Second Appeal before this Honourable Court.”
Considering the uncontroverted averments, the application is granted. Delay is condoned. Rule is made absolute.
(G.R.UDHWANI, J)
syed/
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1 issue framed by the court
An application for condonation of delay in filing a Second Appeal was under consideration.
Nagarbhai Chelabhai Dhunkh (Thakore)
Govindbhai Punjabhai Patel
G.R. Udhwani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
