Full Judgment Text
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PETITIONER:
RAMA RAVALU GAVADE
Vs.
RESPONDENT:
SATABA GAVADU GAVADE (DEAD) THROUGH LRS. & ANR.
DATE OF JUDGMENT: 18/11/1996
BENCH:
K. RAMASWAMY, G.B. PATTANAIK
ACT:
HEADNOTE:
JUDGMENT:
O R D E R
Delay condoned.
Leave granted.
We have heard learned counsel on both sides.
This appeal by special leave arises from the judgment
of the High Court of Bombay, made on December 8, 1994
dismissing the Civil Revision No.632/91.
The admitted position is that the uncle of the
petitioner died pending Regular Civil Suit No.51/65 in the
Court of the Civil Judge, Senior Division Chandgad. Since he
died pending appeal, it was dismissed on August 4, 1967 as
having abated. In Civil Revision No. 632/91 by order dated
December 8, 1994, the High Court dismissed as no proper
explanation for condoning the delay was given. Thus, this
appeal by special leave.
In view of the fact that the appellant is an illiterate
farmer, the appropriate steps should have been taken by the
counsel for the appellant on proper advice. In view of the
fact that the counsel has not properly advised the appellant
to take necessary steps, delay had occasioned. The High
Court, therefore, was not right in refusing to condone the
delay. It is brought to our notice that no application has
been filed for setting aside the abatement and the appeal
also stands abated. In view of the fact that the delay now
stands condoned the abatement also stands set aside.
The appeal is accordingly allowed. The appellate Court
is directed to dispose of the appeal on merits within a
period of six months from the date of the receipts of the
order. No costs.