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2014 Supreme(Bom) 2094

S.B.SHUKRE
Taresh s/o. Vishwanath Oabhekar – Appellant
Versus
Ramesh s/o. Vishwanath Oabhekar – Respondent


Advocates:
Advocate Appeared:
Mr. S.V. BHUTAOA assisted by Y.J.
MAHESHWARI, Adv. for the Applicants.
Mr. K.R. LULE, Adv. for the Respondent No.1.

JUDGMENT :-

Heard finally by consent.

2. Admit.

3. This revision application is directed against the order dated 30.9.2013 passed by the Principal District Judge, Wardha in MARJE No.86/20 12 thereby condoning the delay occurred in filing of appeal against the judgment and decree passed in Special Civil Suit No. 104/2002 on 12th March, 2008.

4. Learned counsel for the applicants submits that no sufficient cause has been shown in this case by the respondents inasmuch as it is an admitted position that the respondents approached the Advocate on 9th July, 2008, well after expiry of period of 90 days prescribed for filing of an appeal against the judgment and decree passed by the Court exercising original jurisdiction. He submits that sufficient cause must have shown to have arisen before the expiry of the limitation period and thereafter also it should have been established by the respondents and this is not a case in the instant matter. He submits that entire blame for the delay has been placed upon the Advocate, as if the litigant has no duty to exercise diligence in prosecuting remedy available to him under the law. Therefore, the entire approach adopted by the Appellate Court in accep













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