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State of Gujarat - Section

Section 67 in Gujarat High Court Rules, 1993

67. Procedure in regard to office objection as to limitation.

- (i) When an appeal, application or memorandum of crossobjection is presented after the expiry of the period of limitation specified therefore, shall be accompanied by separate application for condonation of delay.
(ii)If objection is raised by the office to the registration of an appeal or application or memorandum of cross objections on the ground of its being beyond time, a separate regular stamped application [or application with e-payment receipt] [Inserted vide High Court Notification No.C.2002/93, dated 30.08.2016.] for excusing delay in presenting the same shall be made within 15 days from the date of the notice under Clause (a) or as the case may be, clause (b) of sub-rule (iii) of Rule 66 above, or where the duplicate of the office objections has been delivered to the party in person under clause (b) of the said sub-rule (iii) from the date of receipt thereof by him, failing which the office shall place the matter before the court for orders not later than a week after the expiry of period prescribed under sub-rule (iv) (a) of Rule 65.
(iii)Notwithstanding that the objection as to delay in filing the matter has not been finally decided, the party or Advocate shall be required to remove all other objections within the time specified in sub-rule (iii) of rule 65.
(iv)If no application for excuse of delay or note for revision of the Registrar's order is filed within 15 days from the date of the order of the court under sub-rule (iii), the matter shall without any delay, be placed for orders before the Registrar and the Registrar shall pass orders refusing to Register the matter.
(v)When an application for excusing delay is made under any of the provisions of this Rule, the Appeal or application shall be registered provided no other objection survives.