High Court of Gujarat
LT COL IQBAL BAHADUR TEGH BAHDUR DUTT(RETD)versusDR (DENTIST) MRS ANN S DUTT
- Disposal
- 26-DISMISSED @ ADM.STAGE
Holding
The application for condonation of delay is dismissed as there is no sufficient cause and the order is final.
Summary
Lt. Col. Iqbal Bahadur Dutt, the original appellant, filed a condonation of delay application seeking to excuse a 1,655‑day lapse in filing a motion for review/recall of an order dated 30‑07‑2021 passed in First Appeal No. 694 of 2019. The Court noted that the order had already been unsuccessfully challenged in a Special Leave Petition (SLP (C) No. 2509 of 2022) before the Supreme Court, which dismissed the petition, and an earlier Special Civil Application No. 942 of 2025, which was withdrawn. The Court held that the order had attained finality, there was no sufficient cause for the extraordinary delay, and consequently the application to condone the delay could not be entertained. The Court dismissed the condonation application without addressing the merits of the underlying review request.
Issues considered
- Whether a delay of 1,655 days in filing a review/recall application can be condoned.
- Whether an order already dismissed by the Supreme Court in a Special Leave Petition can be revisited through a review application.
- Whether the applicant has shown sufficient cause for the delay to merit condonation.
Subjects
condonation of delayreview of orderrecall of orderspecial leave petitionfinality of judgmentcivil procedureSupreme Court dismissal
Judgment
C/CA/1481/2026 ORDER DATED: 20/07/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 1481 of
2026
In
F/MISC. CIVIL APPLICATION/8208/2026
In
R/FIRST APPEAL/694/2019
With
F/MISC. CIVIL APPLICATION NO. 8208 of 2026
In
R/FIRST APPEAL NO. 694 of 2019
==========================================================
LT COL IQBAL BAHADUR TEGH BAHDUR DUTT(RETD) & ANR.
Versus
DR (DENTIST) MRS ANN S DUTT
==========================================================
Appearance:
MR IQBALBAHADUR T DUTT(11423) for the Applicant(s) No. 1,2
PARTY IN PERSON(5000) for the Respondent(s) No. 1
==========================================================
CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA
and
HONOURABLE MR. JUSTICE R. T. VACHHANI
Date : 20/07/2026
ORAL ORDER
(PER : HONOURABLE MR. JUSTICE R. T. VACHHANI)
By way of filing CA No.1481 of 2026, the applicant – original
appellant – party – in – person seeks to condone the delay of 1655 days
caused in preferring the MCA No.8208 of 2026 seeking to review / recall
the order dated 30/07/2021 passed in FA No.694 of 2019 and allied
matters by the co-ordinate Bench of this Court.
2. Though question as to assailing and challenging the order or any
such other relief as permissible under the law and the measures thereof
can be initiated within the prescribed period e.g. within a period of 30
days; there appears to be a huge delay of 1655 days caused in preferring
the MCA seeking to review / recall the order dated 30/07/2021 passed in
Page 1 of 4
C/CA/1481/2026 ORDER DATED: 20/07/2026
the captioned First Appeal.
3. We have heard applicant – party – in – person appearing through
Video Conferencing Mode.
4. It is submitted on behalf of the applicant appearing as party – in –
person that the grounds agitated in the application seeking condonation of
delay because of which the applicant had been prevented from filing the
application and therefore, it is submitted to condone the delay caused in
preferring the application seeking to review / recall. Apart from the
grounds agitated therein as mentioned in the application, nothing sort of
any such plausible grounds seems to have been agitated to establish the
sufficient cause preventing the applicant or moving with the prayer as
sought for within the stipulated time period.
5. It further transpires from the record that the order dated 30/07/2021
passed in FA No.694 of 2019 has been unsuccessfully assailed by the
applicant by way of filing SLP (C) No.2509 of 2022 before the Hon’ble
Apex Court and the said SLP came to be turned down by making
following observations:
“Having heard Lt. Col. Iqbal Bahadur Dutt, 1st petitioner-in
person, who is the paternal grandparent of the child, we are not
persuaded to interfere with the impugned order as such. Being a
matter relating to custody, we onty observe that if there is any
change in circumstances, this may enable the petitioners to move
afresh. Subject to this observation, the special leave petition stands
dismissed".
Page 2 of 4
C/CA/1481/2026 ORDER DATED: 20/07/2026
Thus, once the questioned order and the legality thereof challenged
before the Hon’ble Apex Court came to be decided by dismissing the
SLP, the same cannot be re-visited by way of filing the application of
present nature.
6. It also appears from the record that another unsuccessful efforts
seems to have been made by the applicant by filing Special Civil
Application No.942 of 2025 before this Court and the said petition came
to be dismissed by an order dated 27/01/2026 by making the following
observations:
"After some submissions, party-in-person submits that he may be
permitted to withdraw present petition with a liberty to initiate
appropriate proceedings in law. The petitioner is permitted to
withdraw the present writ petition with a liberty to initiate
appropriate proceedings in law. The present petition is dismissed
as withdrawn accordingly. Notice is discharged. All the
contentions raised in the present writ petition are kept open".
7. In light of the aforesaid scenario when the order seeking to review /
recall has attained the finality by dismissing the SLP by the Hon’ble
Apex Court, the question of recalling / reviewing the said order does not
at all arise; nor the issue with regard to condone the huge delay without
there being any sufficient cause can be entertained.
8. Accordingly, the captioned applications are bereft of merits and are
accordingly dismissed. It is made clear that this Court has not gone into
the merits of the application seeking to review / recall the order as
claimed / agittated by the applicant herein and the finding arrived at by us
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C/CA/1481/2026 ORDER DATED: 20/07/2026
are solely confining to the application seeking to condone the delay.
(ILESH J. VORA,J)
(R. T. VACHHANI, J)
sompura
Original copy of this order has been signed by the Hon'ble Judges.
Digitally signed by: MANISHKUMAR JYOTINDRA SOMPURA(HC00189), Principal Pvt. Secretary, at High Court of Gujarat on 21/07/2026 10:39:40
Page 4 of 4
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