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2016 Supreme(Guj) 523

JAYANT M.PATEL, V.M.PANCHOLI
Kishen Patel – Appellant
Versus
Gujarat Insecticides Ltd. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Krunal D. Pandya

JUDGMENT :

Jayant M. Patel, J.

1. The present application being Civil Application No. 11448 of 2015 is for condonation of delay of 1200 days roughly more than 3 1/2 years in preferring the appeal against the order passed by the learned Single Judge. As the delay was for a long period of 1200 days, we had also heard learned Counsel for the applicant-appellant on merits of the appeal.

2. On the aspect of condonation of delay, if the matter is considered as it is, there is no sufficient explanation whatsoever except the economical condition. The ground of paralytic effect on the body is alleged but no supporting document is produced. Further, on which date, the applicant was paralyzed and when he became capable to move are also not given except the vague statement. Even if the factum of withdrawal of the earlier Letters Patent Appeal and the filing of the review application and dismissal thereof are considered, we do not find that such can be said to be sufficient explanation for condonation of delay since even after the review application, the appellant cannot be said to have taken action well in time. Merely because review application is preferred, the limitation would not get automati











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