S.NAINAR SUNDARAM, M.S.PARIKH
BABULAL AMBALAL PATEL – Appellant
Versus
MANIBEN W/0 narayanbhai PUNJIRAM PATEL – Respondent
( 1 ) THIS Letters Patent Appeal is being sought to be preferred against the order of the learned single Judge made on 9- 3-1993 in Civil Application No. 514 of 1993, which was one for condonation of delay in filing a Second Appeal. The learned single Judge dismissed the civil Application in the following terms : "no substantial question of law is made out. Therefore, C. A. is disposed of as dismissed. No orders as to costs. " there is no declaration by the learned single Judge that the case is a fit one for further appeal.
( 2 ) THE question that comes up for consideration on the basis of the office Note is with reference to the maintainability of the Letters Patent appeal. The learned single Judge was asked to consider the application for condonation of delay in preferring the Second Appeal. The papers in the second Appeal, obviously, have been presented into the Court. The application for condonation of delay is part of the proceedings in the Second Appeal. Only by condonation of delay, the papers in the Second Appeal could be processed further and the Second Appeal could be prosecuted. If there is no condonation of delay there would not be an occasion to p
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