High Court of Gujarat
AMRUTBHAI KHOYABHAI PRAJAPATIversusBHARTIBEN PRABHAKRBHAI PATIL
- Decided
- Disposal
- 53-ALLOWED / GRANTED @ ADM.STAGE
- Bench
- HASMUKH D SUTHAR
Holding
The delay of 107 days is condoned as sufficient cause is established under Section 5 of the Limitation Act.
Summary
The applicants filed an application under Section 5 of the Limitation Act seeking condonation of a 107‑day delay in filing their appeal. The court examined the reasons for the delay as set out in the application. Relying on the precedent set in N. Balakrishnan v. N. Krishnamurthy (AIR 1998 3222), the judge found that sufficient cause was demonstrated. Consequently, the court held that the delay could be condoned. The application for condonation was therefore allowed, permitting the appeal to proceed.
Issues considered
- Whether a delay of 107 days in filing an appeal can be condoned under Section 5 of the Limitation Act
- Whether the applicant has shown sufficient cause for the delay
Legislation cited
- Limitation Act — s. 5
Subjects
- condonation of delay
- Limitation Act
- Section 5
- appeal
- civil procedure
- Gujarat High Court
Judgment
C/CA/1303/2025 ORDER DATED: 02/02/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 1303 of
2025
In F/FIRST APPEAL/3214/2025
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AMRUTBHAI KHOYABHAI PRAJAPATI & ANR.
Versus
BHARTIBEN PRABHAKRBHAI PATIL & ORS.
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Appearance:
MR SURIL N DESAI(13922) for the Applicant(s) No. 1,2
RULE SERVED for the Respondent(s) No. 1,2,3,4,5
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CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR
Date : 02/02/2026
ORAL ORDER
1. Heard learned advocates for the respective parties.
2. This application is filed under Section 5 of the Limitation
Act for condonation of delay of 107 days caused in filing the
appeal on the ground mentioned in para 3 of the application.
3. Having heard the learned advocates for the respective
parties and considering the averments made in this application,
it appears that sufficient cause is made out to condone the delay
and in view of the judgment passed by the Hon’ble Apex Court in
the case of N. Balakrishnan vs. N. Krishnamurthy, reported in
AIR 1998 3222, therefore, the delay of 107 days as explained
by the learned advocate for the applicant is considered. The
application is accordingly allowed.
(HASMUKH D. SUTHAR,J)
ALI
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: ISTAYAK ALI(HC01093), PRIVATE SECRETARY, at High Court of Gujarat on 02/02/2026 18:10:47
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