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2022 Supreme(Guj) 1677

ASHOKKUMAR C. JOSHI
Paschim Gujarat Vij Company Limited, Amreli-Rural Sub Division – Appellant
Versus
Hirabhai Surabhai Mevada – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Chinmay M. Gandhi, Ms. Nikita C. Gandhi, Ms. Rumi M. Gandhi.

JUDGMENT :

1. Heard learned Advocate Mr. Chinmay M. Gandhi for the Petitioner. Though served, none has remained present on behalf of the Respondent.

2. Rule.

3. By way of preferring the present Petition, filed under Articles 226 and 227 of the Constitution of India, the Petitioner / Original Applicant – Paschim Gujarat Vij Company Limited, has challenged the order dated 17.8.2021 passed in Civil Miscellaneous Application No. 5 of 2020 (hereinafter referred to as “the Application”) by the learned Principal District and Sessions Judge, Amreli [hereinafter referred to as “the learned Judge”], whereby the learned learned Judge has rejected the Application, seeking condonation of delay, in preferring the Appeal preferred against the judgment and order passed by the learned Principal Senior Civil Judge, Amreli, dated 26.9.2019 passed in Civil Miscellaneous Application No. 5 of 2020 under Section 5 of the Limitation Act, 1963 for condonation of delay, whereby the Application filed by the Petitioner (Original Applicant) came to be rejected.

4. Learned Advocate for the Petitioner has submitted that the impugned order runs contrary to the settled principle of law inasmuch as the Petitioner ought

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