MC 1380/2009 BEFORE HON’BLE MR.JUSTICE A.C.UPADHYAY Misc.Case No.1380 of 2009 In CRP No. of 2009 Heard Mr. A.C.Kalita, learned counsel for the petitioner and Mr. S.K.Das, learne d counsel appearing for respondent No.2.None appears on behalf of respondent No. 1. Seen the report of the Registry. It appears from the report of the Registry tha t neither A/D card nor unserved notice in respect of respondents No.3 has been received back. In view of the above and in terms of the provisions of Order 5 Rule 9(5) of the CPC, the service of notice upon respondent No.3 is hereby deemed to be effected . This is an application under Section 5 of the Limitation Act, 1973 seeking condo nation of delay of 132 days in preferring the connected Civil Revision. Heard learned counsel for the petitioner as well as learned counsel for responde nt No.2. Learned counsel for the petitioner has submitted that due to his sustai ning injuries in an accident he could not file the appeal within the time prescr ibed. Learned counsel for the other side did not raise objection to the prayer f or condonation of delay. Considering the facts and circumstances of the case and accepting the reasons ex plained in the application, the delay of 132 days in preferring the connected a ppeal is hereby condoned. Misc. case is disposed of.