Gavade Vs. Sataba Gavadu Gavade & Anr  INSC 1434 (18 November 1996)
O R D
have heard learned counsel on both sides.
appeal by special leave arises from the judgment of the High Court of Bombay,
made on December 8,
1994 dismissing the
Civil Revision No.632/91.
admitted position is that the uncle of the petitioner died pending Regular
Civil Suit No.51/65 in the Court of the Civil Judge, Senior Division Chandgad.
Since he died pending appeal, it was dismissed on August 4, 1967 as having abated. In Civil Revision No. 632/91 by order
dated December 8, 1994, the High Court dismissed as no
proper explanation for condoning the delay was given. Thus, this appeal by
view of the fact that the appellant is an illiterate farmer, the appropriate
steps should have been taken by the counsel for the appellant on proper advice.
In view of the fact that the counsel has not properly advised the appellant to
take necessary steps, delay had occasioned. The High Court, therefore, was not
right in refusing to condone the delay. It is brought to our notice that no
application has been filed for setting aside the abatement and the appeal also
stands abated. In view of the fact that the delay now stands condoned the
abatement also stands set aside.
appeal is accordingly allowed. The appellate Court is directed to dispose of
the appeal on merits within a period of six months from the date of the receipts
of the order. No costs.
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