The High Court of Gujarat condoned a four-day delay in filing a Letters Patent Appeal under Section 5 of the Limitation Act and directed admission of the appeal for hearing.
Delay of four days in filing Letters Patent Appeal was condoned; application allowed; appeal directed to be notified for admission hearing.
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/1950/2020 ORDER DATED: 28/03/2022
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CIVIL APPLICATION NO. 1950 of 2020
In
R/LETTERS PATENT APPEAL NO. 474 of 2022
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THE DISTRICT PRIMARY EDUCATION OFFICER,
Versus
BHAVESHKUMAR BHANUBHAI PARMAR
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Appearance:
MR HS MUNSHAW(495) for the Applicant(s) No. 1,2
Ms. Dhwani Tripathi, Asst. GOVERNMENT PLEADER/PP for the Respondent(s) No. 59
MR BHAVESH J PATEL(6801) for the Respondent(s) No. 1,13,14,15,2,3,35,49,52
MR. RADHESH Y VYAS(7060) for the Respondent(s) No. 1,13,14,15,2,3,35,49,52 NOTICE SERVED for the Respondent(s) No. 10,11,12,16,17,18,19,20,21,22,23,24,25,26,28,29,30,31,32,33,34,36, 37,38,39,4,40,41,42,43,44,45,46,47,48,5,50,51,53,54,55,56,57,58,6,6 0,7,8,9
NOTICE UNSERVED for the Respondent(s) No. 27
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CORAM: HONOURABLE MR. JUSTICE R.M.CHHAYA
and
HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK Date : 28/03/2022 ORAL ORDER
(PER : HONOURABLE MR. JUSTICE R.M.CHHAYA)
Heard the learned advocates for the respective parties.
Present application under Section 5 of the Limitation Act has been preferred by the applicant to condone the delay of 4 days occurred in filing Letters Patent Appeal.
In facts and circumstances of the case and considering the averments made in the application, delay of 4 days occurred in filing the appeal deserves to be condoned and is hereby condoned. Accordingly, the application is allowed. Registry is directed to notify the appeal for admission hearing forthwith and
Page 1 of 2
C/CA/1950/2020 ORDER DATED: 28/03/2022
with the consent of the learned advocates for the parties, appeal was taken up for hearing today.
(R.M.CHHAYA,J)
(HEMANT M. PRACHCHHAK,J)
KAUSHIK J. RATHOD
Page 2 of 2
2 issues framed by the court
Whether delay of four days in filing the Letters Patent Appeal deserves condonation under Section 5 of the Limitation Act.
Whether the appeal should be admitted after allowing condonation of delay.
1 provisions across 1 enactments
THE DISTRICT PRIMARY EDUCATION OFFICER
BHAVESHKUMAR BHANUBHAI PARMAR
R.M.CHHAYA
HEMANT M. PRACHCHHAK
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
