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1996 Supreme(SC) 1907

G.B.PATTANAIK, K.RAMASWAMY
Rama Ravalu Gavade – Appellant
Versus
Sataba Gavadu – Respondent


ORDER

Delay condoned.

Leave granted.

2. 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.

3. 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 the same. The application was filed for bringing the Legal Representatives on record which was also dismissed as no proper explanation for condoning the delay was given. Thus, this appeal by special leave.

4. 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 sett





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