(PER : HONOURABLE MS. JUSTICE SANGEETA K. VISHEN)

1. By this application, the applicant has prayed for condoning the delay of 444 days caused in preferring the captioned appeal by which, challenge is to the judgment and order dated 23.03.2023 as well as the decree dated 05.04.2023 passed by the learned Additional Senior Civil Judge, Surat in Special Civil Suit no.501 of

2014.

2. Mr Salim M. Saiyed, learned advocate for the applicant, submitted that the delay is bona fide. Attention is invited to the averments made in the additional affidavit. It is averred that the applicant, was not made known about the pronouncement of the judgment by the Advocate who was taking care of the matter. However, the applicant upon coming to know about the same, immediately took steps and applied for the certified copy. When the copy was made available to the applicant, initially, tried to approach the District Court but, it was realized that appeal would lie before the High Court and not District Court. Learned advocate was consulted and after consulting, that