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Judgment
Gopal Krishan Vyas, J.—Heard learned counsel for the parties. It is submitted by learned counsel for the petitioners that while passing order impugned dated 21.08.2012, the learned trial Court in the suit filed under Order 37 CPC refused to grant opportunity to defend solely on the ground of delay of 13 days.
Learned counsel for the petitioners submits that an application under Sec. 5 of the Limitation Act was filed by the petitioners, but it has been rejected without considering the reasons given by the petitioner in the application objectively.
Per contra counsel for the respondent submits that the learned trial Court after taking into consideration the reasons given in the application, held that the reasons given in the application filed under Sec. 5 of the Limitation Act for condonation of delay of 13 days are not proper and right, rejected the application filed by the petitioner.
In view of the fact that only 13 days delay is there, I am of the opinion that the trial Court ought to have considered the case of petitioner sympathetically and grant the opportunity to defend, but it has been refused in mechanical manner, therefore, I deem it appropriate to quash the order dated 21.08.2012.
Consequently, the order dated 21.08.2012 is hereby quashed and the trial Court is directed to grant an opportunity to the petitioner to defend and thereafter proceed in the matter. The writ petition is disposed of in above terms.