Gujarat High Court
Shankarbhai Jugabhai vs Abhesang Dhirubha Parmar & on 3 November, 2015
Author: S.H.Vora
Bench: S.H.Vora
C/CA/8399/2015 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 8399 of 2015
In FIRST APPEAL (STAMP NUMBER) NO. 1274 of 2015
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SHANKARBHAI JUGABHAI....Applicant(s)
Versus
ABHESANG DHIRUBHA PARMAR & 1....Respondent(s)
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Appearance:
MS AMRITA AJMERA, ADVOCATE for the Applicant(s) No. 1 - 2
MR SUNIL B PARIKH, ADVOCATE for the Respondent(s) No. 2
RULE SERVED for the Respondent(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE S.H.VORA
Date : 03/11/2015
ORAL ORDER
1. The present Civil Application under Section 5 of the Limitation Act has been preferred by the applicant for condonation of delay of 16 days caused in preferring Appeal.
2. The reasons for delay caused in preferring Appeal are narrated in paragraph Nos.3 and 4 of the application.
3. The words "sufficient cause for not making the application within the period of limitation" should be applied in a reasonable and liberal manner depending upon the facts and circumstances of the case and type of the case. The word "sufficient cause" in Section 5 of the Limitation Act needs a liberal construction so as to advance substantial justice when Page 1 of 2 HC-NIC Page 1 of 2 Created On Wed Nov 04 02:52:31 IST 2015 C/CA/8399/2015 ORDER the delay is not on account of any dilatory tactics, want of bonafides or deliberate inaction on the part of the applicant. In nut shell, the decisive factor for condonation of delay is not the length of delay but sufficiency and satisfactory explanation. Since there is nothing on record so as to infer inaction or want of bonafides that can be attributed to the applicant, the applicant cannot be non-suited at threshold and thus, deprived of substantial justice which has been made available to the applicant by way of statutory appeal. So, in order to advance substantial justice to the applicant, the explanation of delay does not smack of malafides and the delay caused in preferring the Appeal is hereby condoned. The application stands disposed of. Rule is made absolute accordingly.
(S.H.VORA, J.) shekhar Page 2 of 2 HC-NIC Page 2 of 2 Created On Wed Nov 04 02:52:31 IST 2015