Gujarat High Court
Gangani Brothers Thro Partner Tinubhai ... vs Sarabhai Isufali Gandhi & on 1 March, 2016
Author: R.D.Kothari
Bench: R.D.Kothari
C/CA/1603/2016 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 1603 of 2016
In CIVIL REVISION APPLICATION (STAMP NO.) NO. 35 of 2016
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GANGANI BROTHERS THRO PARTNER TINUBHAI GULABRAI....Applicant(s)
Versus
SARABHAI ISUFALI GANDHI & 1....Respondent(s)
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Appearance:
MR NM KAPADIA, ADVOCATE for the Applicant(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE R.D.KOTHARI
Date : 01/03/2016
ORAL ORDER
1. Learned advocate for the applicant has submitted a note, pursuant to which the office has placed the matter along with the note. In the note, the applicant has made calculation of limitation and as per the say of the applicant the Civil Revision Application is within limitation.
2. Though the Civil Application is filed for condonation of delay of 2 days caused in filing the Civil Revision Application, at the time of arguments, learned advocate Mr.N.M.Kapadia for the applicant has submitted that if the limitation is calculated from the date of decree then present Civil Revision Application would be in time and it is not delayed by 2 days. Under Article 116 of the Limitation Act, aggrieved parties have to file revision before the High Court within 90 days from the date of passing decree. In the present case, Appellate Court delivered the judgment on 29.09.2015, perusal of the decree would also give impression that decree has been drawn on the same day i.e. on 29.09.2015. However, the judge has placed the signature in the decree and the signature bears the dates i.e. on 01.10.2015.
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3. From the record, it would appear that office has based calculation of limitation on date of judgment, i.e. 29.09.2015 and thereby, 2 days of delay found by the office. It is clear that, if 01.10.2015 is taken relevant date for calculating the limitation, the Civil Revision Application would be within limitation.
4. As the Civil Revision Application is not barred by limitation no question of condonation of delay would arrive. Accordingly, Civil Application is disposed of. Office to notify Civil Revision Application No.35 of 2016 by giving Pakka Number and notify for hearing in due course.
(R.D.KOTHARI, J.) dharmendra Page 2 of 2 HC-NIC Page 2 of 2 Created On Thu Mar 03 01:11:26 IST 2016