High Court of Gujarat
PARMAR SHILPABEN HIRABHAIversusSTATE OF GUJARAT
- Decided
- Disposal
- 33-CA DISPOSED OF
- Bench
- NIRZAR S DESAI
Holding
The delay is condoned as it is not wholly unexplained.
Summary
The petitioner filed a civil application seeking condonation of a 28‑day delay in filing a restoration application. The respondent, the State of Gujarat, was represented by the Assistant Government Pleader who waived service of the rule. The court examined whether the delay was satisfactorily explained. It held that the delay was not wholly unexplained and therefore could be condoned. Consequently, the court allowed the petition, condoned the delay and made the rule absolute.
Issues considered
- Whether the 28‑day delay in filing the restoration application can be condoned under the applicable procedural law?
Subjects
- condonation of delay
- civil procedure
- restoration application
- high court
Judgment
C/CA/262/2026 ORDER DATED: 22/01/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO.262 of 2026
In
R/MISC. CIVIL APPLICATION/213/2026
In
F/SPECIAL CIVIL APPLICATION/25467/2025
==========================================================
PARMAR SHILPABEN HIRABHAI
Versus
STATE OF GUJARAT & ORS.
==========================================================
Appearance :
MR VD PARGHI for the Applicant.
MR AAKASH GUPTA, AGP for the Respondents.
=========================================
CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI
Date : 22/01/2026
ORAL ORDER
Rule. Learned Assistant Government Pleader waives
service of Rule on behalf of the respondents. This is an application
for condonation of delay of 28 days in *ling restoration application.
Heard learned counsel for the parties.
2. Considering the contents of the application, it cannot
be said that the delay caused in *ling the restoration application
has remained totally unexplained. Therefore, I am of the view that
the delay caused in *ling restoration application deserves to be
condoned. Accordingly, the application is allowed. Delay is
condoned. Rule is made absolute.
(NIRZAR S. DESAI,J)
SAVARIYA
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: RAJNISH NARENDRA SAVARIYA(HC00179), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 22/01/2026 17:24:12
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