MILAN HARISHBHAI MAHETAversusMANAJI SHAKRAJI
- Disposal
- 53-ALLOWED / GRANTED @ ADM.STAGE
- Bench
- C DOSHI
Holding
The Court held that the applicant's mental ailment constituted sufficient cause to condone the delay in filing the CRA.
Summary
The applicant, Milan Harishbhai Maheta, filed a Civil Revision Application seeking condonation of delay in filing the CRA, alleging that he suffered from bipolar disorder and depression since July 2022, which prevented him from contacting counsel. The applicant’s counsel, Senior Advocate Mehul S. Shah, submitted medical evidence of the mental ailment. The respondent counsel, A.S. Timbalia, appeared and later waived service. The Court examined whether the mental illness constituted a sufficient cause for missing the prescribed time limit. Finding the explanation satisfactory, the Court granted condonation of delay, ordered the applicant to pay Rs.5,000 as costs to the Advocate Law Library, and directed the Registry to record the applicant’s name in the CRA. The order was signed by Justice J.C. Doshi and the Principal Private Secretary of the Gujarat High Court.
Issues considered
- Whether delay in filing a Civil Revision Application can be condoned on the ground of the applicant's mental illness and inability to obtain legal advice.
Subjects
Judgment
C/CA/4892/2024 ORDER DATED: 29/01/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 4892 of
2024
In F/CIVIL REVISION APPLICATION/25735/2024
==========================================================
MILAN HARISHBHAI MAHETA
Versus
MANAJI SHAKRAJI & ORS.
==========================================================
Appearance:
MR MEHUL S. SHAH, SR. ADVOCATE with MR DHARMESH D
NANAVATY(2396) & MR ASIT B JOSHI(2567) for the Applicant(s) No. 1
MR A S TIMBALIA(7372) for the Respondent(s) No. 1,2,3,4
RULE SERVED for the Respondent(s) No. 5,7,8
SERVED BY PUBLICATION IN NEWS for the Respondent(s) No. 6
==========================================================
CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI
Date : 29/01/2026
ORAL ORDER
Heard learned Senior counsel Mr. Mehul S. Shah
assisted by learned advocate Mr. DD Nanavaty for the
applicant and learned advocate Mr. AS Timbalia for the
respondent Nos.1 to 4.
This is a case where condonation of delay to file CRA has
been sought on the ground that the applicant was suffering
from mental ailment and depression and could not contact his
lawyer for seeking legal advise to prosecute the remedy. It is
further explanation of the applicant that from July 2022, since
Corona period, the applicant is suffering from bipolar
disorder, but as of now, he is fine. He was taking treatment at
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C/CA/4892/2024 ORDER DATED: 29/01/2026
Mumbai and Ahmedabad.
Looking to the aforesaid reasons, this Court finds that
sufficient reason has been established by the applicant to
prevent him to file CRA within stipulated time period.
Learned Senior counsel Mr. Shah in his utter fairness,
submits to pass order of cost at this juncture.
Considering the overall facts and circumstances of the
case, present CA is allowed and delay caused in main CRA is
condoned subject to payment of cost of Rs.5000/- to be paid to
the Gujarat High Court Advocate Law Library within seven
days from today. Rule made absolute to the aforesaid extent.
Learned advocate Mr. Timbalia submits that he waives
service for the respondent Nos.1 to 4 in the captioned CRA.
Under the circumstances, Registry to show his name in the
CRA which is going to be registered pursuant to condonation
of delay.
(J. C. DOSHI,J)
SHEKHAR P. BARVE
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: SHEKHAR PRAFULBHAI BARVE(HC00200), Principal Pvt. Secretary, at High Court of Gujarat on 29/01/2026 14:33:27
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