JUDGMENT :

1. Heard learned Advocate Mr. Viral J. Dave for the Petitioner and learned Advocate Mr. Paresh M. Darji for the Respondent through video conference.

2. The Petitioner has filed this Petition under Articles 14, 21 and 227 of the Constitution of India challenging the order passed by the learned 6th Additional District Judge, Kheda at Nadiad, in Civil Miscellaneous Application No. 111/2019 dated 12.7.2019 whereby the learned Additional District Judge has rejected the Civil Misc. Application for condonation of delay in filing the Appeal.

3. The Petitioner herein has filed Appeal challenging the judgment and decree dated 1.1.2019 passed by the learned Principal Senior Civil Judge, Nadiad in Regular Civil Suit No. 105/2015. The delay in preferring the Appeal is 4 months and seven days.

4. Learned Advocate for the Petitioner has submitted that there is an error apparent on the face of the record and the order passed by the learned Judge is ex facie bad and illegal and is not tenable in the eye of law. That the learned Judge ought to have considered the fact that the delay has occurred due to the process of getting approval from higher authority for filing appeal before he appellate