AASHABEN BHARATBHAI SOLANKIversusVISHNUBHAI BHARATBHAI NAYAK
- Disposal
- 53-ALLOWED / GRANTED @ ADM.STAGE
- Bench
- HASMUKH D SUTHAR
Holding
The court condoned the 290‑day delay and allowed the application for condonation of delay.
Summary
The petitioners filed an application under Section 5 of the Limitation Act seeking condonation of a 290‑day delay in filing their First Appeal. The respondents did not appear despite being served. The court examined the petitioner's claim of sufficient cause, emphasizing that limitation rules should not defeat substantive justice and that there was no evidence of mala‑fide or dilatory intent. Referring to the Supreme Court decision in N. Balakrishnan v. N. Krishnamurthy, the court adopted a liberal approach to condonation. Consequently, the delay was condoned and the application was allowed, with the stipulation that the petitioners cannot claim interest on any enhanced amount if the appeal succeeds.
Issues considered
- Whether a delay of 290 days in filing a First Appeal can be condoned under Section 5 of the Limitation Act
- Whether the petitioner's explanation constitutes sufficient cause for condonation
- Whether interest can be claimed on the enhanced amount if the appeal succeeds
Legislation cited
- Limitation Acts. 5
Subjects
Judgment
C/CA/5501/2025 ORDER DATED: 20/01/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 5501 of
2025
In F/FIRST APPEAL/31766/2025
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AASHABEN BHARATBHAI SOLANKI & ANR.
Versus
VISHNUBHAI BHARATBHAI NAYAK & ORS.
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Appearance:
NISHIT A BHALODI(9597) for the Applicant(s) No. 1,2
NOTICE NOT RECD BACK for the Respondent(s) No. 1
NOTICE SERVED for the Respondent(s) No. 2,3
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CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR
Date : 20/01/2026
ORAL ORDER
1. Though served, none appears for the respondents.
2. This application is led under Section 5 of the Limitation Act for
condonation of delay of 290 days caused in ling the First Appeal.
3. It is submitted by the learned advocate for the applicant that the
applicant could not le First Appeal in timely fashion because of the reasons
mentioned in the application and therefore, has requested to condone the
delay caused in ling the First Appeal.
4. Considering the submissions made by the learned advocates for the
respective parties, the applicant has mentioned su(cient cause for
condonation of delay. The primary function of the Court is to adjudicate the
dispute between the parties and to advance substantial justice. Rules of
limitation are not meant to destroy the rights of parties. The Court is aware
of the fact that denial to condone the delay would mean to dismiss the First
Appeal at threshold and there is no presumption that the delay caused by
the applicant is deliberate. In view thereof, the words ‘su(cient cause’
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C/CA/5501/2025 ORDER DATED: 20/01/2026
under Section 5 of the Limitation Act should receive a liberal consideration
so as to advance substantial justice. Even reason stated appears to be
bona de and genuine. There is no smack of mala de or dilatory tactics on
the part of the applicant. Further, it is apposite to refer to the decision of
the Hon’ble Apex Court in the case of N. Balakrishnan v. N. Krishnamurthy
reported in (1998) 7 SCC 123.
5. In view of the above, the delay of 290 days as explained in memo of
the application is condoned. The application is accordingly allowed. It is
made clear that if the appellant succeeds in First Appeal, they shall not claim
interest on the enhanced amount, if any, for the aforesaid delayed period.
(HASMUKH D. SUTHAR,J)
SUCHIT
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: PATEL SUCHIT JAYESHBHAI(HC01083), Private Secretary, at High Court of Gujarat on 20/01/2026 14:47:12
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