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Judgment
Rajesh H. Shukla, J.—The present Civil Application has been filed for condonation of delay of 396 days caused in filing the First Appeal u/s 5 of the Limitation Act on the grounds stated in the application inter alia that the time has been consumed in getting approval after following the procedure was required under the Law Officers'' Rules. Affidavit of one B.S. Prajapati, Deputy Executive Engineer of Dharoi Canal Sub Division No. 8, Sundhiya, Mehsana has been filed to explain the time consumed. Heard learned AGP Shri Alpesh Bhatt as well as learned advocate Shri D.G. Shukla for the respondent.
In view of the grounds mentioned for explaining the delay, sufficient cause can be said to have been made out for condonation of the delay. The Hon''ble Apex Court has in catena of judicial pronouncements has laid down the guidelines with regard to the approach in such matters. Therefore, considering the observations and guidelines of the Hon''ble Apex Court in the judgments reported in State of Nagaland Vs. Lipok AO and Others, and AIR 1996 SC 1623, the present Civil Application deserves to be allowed. The delay is condoned. The application stands disposed of as allowed. Rule is made absolute.