JUDGMENT :

Ashokkumar C. Joshi, J.

1. Rule.

2. Though served, the respondent-original plaintiff has put in no appearance, leaving no option for the Court but to proceed with the matter.

3. This writ petition under Article 226/227 of the Constitution of India, is filed by the petitioner - State against an order dated 16.07.2018 passed by the learned 3rd Additional District Judge, Gandhidham - Kachchh (herein after referred to as "the District Judge") in Misc. Civil Application No. 17 of 2015, whereby, the learned District Judge was pleased to reject the said application for condonation of delay of 59 days caused in preferring the appeal against the judgment and decree dated 31.12.2014, passed by the learned 2nd Additional Senior Civil Judge, Gandhidham - Kachchh, partly allowing the said suit, directing the petitioner herein to pay an outstanding amount of Rs.1,64,736/- towards subsidy within 60 days. The petitioner herein was also restrained from recovering an amount of Rs.1,03,704/- from the respondent - plaintiff.

4. Heard, learned AGP Ms. Megha Chitaliya for the petitioner - State. She submitted that the learned District Judge has committed a grave error in rejecting the delay condon