Full Judgment Text
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CASE NO.:
Appeal (civil) 7371 2000
PETITIONER:
CHHABI KULAVI & ANR.
Vs.
RESPONDENT:
GANESH CHANDRA MONDAL
DATE OF JUDGMENT: 14/12/2000
BENCH:
M.B.Shah,, S.N.Variava
JUDGMENT:
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J U D G M E N T
S. N. VARIAVA, J.
Leave granted. This Appeal is against an Order dated
6th March, 2000, wherein the Application for Condonation of
Delay in filing an Appeal has been dismissed. Briefly
stated the facts are as follows: The Respondent had filed a
title suit against the Appellants. That suit came to be
decreed ex-parte. Thereafter the Appellants filed an Appeal
which was filed in the wrong Court and was ultimately
transferred and filed in the right Court. But by then there
was a delay of approximately 2 1/2 years. The Application
for condonation of delay has been dismissed by the impugned
Order. In our view, there was sufficient cause for the
delay. The Appellant’s husband was ill and became blind.
Thereafter, it is the Advocate who has filed the Appeal in
the wrong Court. For these causes the Appellants cannot be
blamed. We, therefore, condone the delay in filing the
Appeal. The High Court shall number the Appeal, if not
already numbered and take it up for final hearing. We
request the High Court to dispose off the Appeal on merits
as expeditiously as possible and preferably within a period
of six months. This Appeal stand disposed off as above.
There will be no Order as to costs.@@
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