High CourtsSingle Bench(2008) 04 BOM CK 0005

Vishnu Govind Naik Panvelkar Through His L''RS. vs Shri Santano Afonso (Since Dec.) Through His L''rs. and Another

Bombay High Court · Decided on 1 April 2008

HON’BLE JUDGES
S.A. Bobde, J
RESULT
Dismissed
CASE NUMBER
Civil Revision Application No. 17 of 2007

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Judgment

2 paragraphs · 207 words

S.A. Bobde, J.—The applicants have challenged the order of the Additional District Judge-II, Panaji, condoning a long period of about 8 years and 2 months in preferring the appeal. Mr. Bodke, the learned Counsel for the applicants vehemently submitted that the delay could not have been condoned in the manner condoned by the learned District Judge. According to the learned Counsel there is non-application of mind to the sufficient cause pleaded by the respondents. Though there is some substance in the contention of the learned Counsel that the order could have dealt with the respondent''s contention in greater detail while accepting it, that by itself does not in the circumstances of the case render the order vulnerable. I find from the order that the learned District Judge has referred to the fact of illiteracy of the respondent and was satisfied that they were ignored of legal proceedings and they made application only after notice of execution was served on them. Undoubtedly, the illiteracy and ignorance can be sufficient cause as has been held to be so in this case.

2.

The order does not suffer from any error in jurisdiction or material irregularity. There is, therefore, no merits in this civil revision application which is hereby dismissed.