1 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CIVIL APPLICATION NO. 9497 OF 2010 IN CIVIL REVISION APPLICATION (ST) NO. 19195 OF 2010 Office Notes,Office Memoranda of Coram,appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders CORAM : S.S. SHINDE, J. DATED : 20.09.2010 1. Heard learned counsel appearing for the applicant. Leave to correct. Learned A.G.P. for the State prays time for filing reply to the application. However, it is not possible to accede to the request of learned A.G.P. in view of the fact that on 26.08.2010 notice was issued to the respondent and learned A.G.P. waived service of notice for respondent/State. 2. Perused contents of the Civil Application. There is delay in filing Civil Revision Application. The applicant has stated in the application for condonation of delay that due to unavoidable circumstances it was not possible for the applicant to file 2 Civil Revision Application. During pendency of L.A.R. No. 442 of 2005, husband of the applicant, namely, Narayan s/o. Deorao Gore, died. It is further stated in the application that when the L.A.R. was taken for hearing by the Civil Judge, Senior Division, Omerga, he found that the applicant/claimant is not before the Court. It is further stated that since the husband of the applicant died during pendency of the L.A.R., she had no knowledge about pending Court proceedings. It is further stated that since the claimant and his advocate had not taken any steps for adjudication of the reference and no evidence was led on their behalf, the Lower Court dismissed the L.A.R. No. 442 of 2005 on 9th March, 2007. . The applicant has further stated that the applicant is also suffering from the health problems and due to that reason also she could not contact the advocate who was engaged on behalf of her husband before the Lower Court. It is further stated that the applicant was not aware about the order 3 passed in L.A.R. The applicant got knowledge of the order passed by the learned Lower Court on 30th May, 2010. Thereafter, she immediately applied for the certified copies of the judgment and order passed by the Court below on 31st May, 2010 and same was received on 04.06.2010. Thereafter, in July, 2010 the Civil Revision Application with application for condonation of delay is filed. It is further stated that there was some communication gap between the advocate and the applicant and as a result she did not receive knowledge of dismissal of L.A.R. before 30th May, 2010. It is further stated that since husband of the applicant died and due to death of her husband, some financial problems cropped up in the family and due to financial crunch also it was not possible for the applicant to take immediate steps to file Civil Revision Application. It is further stated that sole income of the applicant is from agricultural source which is very meager. It is also stated that due to negligence on the part of the advocate, who was engaged in the Court below, the L.A.R. came to be dismissed. The 4 ultimate sufferer is the applicant and the applicant has not benefited by delayed filing of the Civil Revision Application. 3. In the light of explanation offered in the application, in my opinion, the delay in filing Civil Revision Application is unintentional and deserves to be condoned. While considering the application for condonation of delay, length of delay is not material but sufficient cause disclosed in the application for condonation of delay is important. In the facts of this case and more particularly, the husband of the applicant died during pendency of the L.A.R. and applicant could not get information of pendency of the L.A.R. or dismissal of the L.A.R. and as a consequence there is delay in filing the Civil Revision Application. Therefore, in the facts and circumstances of this case, the delay deserves to be condoned. 4. The application is allowed in terms of prayer clause (B) and disposed 5 of. The Civil Revision Application be placed for hearing in due course. [S.S. SHINDE,J.] snk/2010/SEP10/ca9497.10