High Court of Gujarat
RAMESHBHAI CHHAGANBHAI BHARVADversusSTATE OF GUJARAT
- Decided
- Disposal
- 53-ALLOWED / GRANTED @ ADM.STAGE
- Bench
- MAUNA M BHATT
Holding
The Court condoned the 373‑day delay and allowed the Miscellaneous Civil Application.
Summary
The applicants sought condonation of a 373‑day delay in filing Miscellaneous Civil Application No. 37048 of 2025, which was intended to seek review of an order dated 18‑Oct‑2024 in Special Civil Application No. 19764 of 2023. They claimed they were unaware of the proceedings and therefore could not act within the prescribed time, asserting that they were bona‑fide litigants. The learned counsel for the applicants pleaded that the delay should be condoned. The Court examined the submissions and the circumstances of the delay. Finding the applicants’ explanation satisfactory, the Court condoned the delay and allowed the application.
Issues considered
- Whether a delay of 373 days in filing a Miscellaneous Civil Application for review can be condoned under the provisions of the Civil Procedure Code.
Subjects
- condonation of delay
- review of order
- civil procedure
- miscellaneous civil application
- high court of Gujarat
Judgment
C/CA/5907/2025 ORDER DATED: 07/01/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 5907 of
2025
In F/MISC. CIVIL APPLICATION/37048/2025
In R/SPECIAL CIVIL APPLICATION/19764/2023
==========================================================
RAMESHBHAI CHHAGANBHAI BHARVAD & ORS.
Versus
STATE OF GUJARAT & ORS.
==========================================================
Appearance:
NILAY H PATEL(7856) for the Applicant(s) No.
1,10,11,12,13,14,15,16,17,18,19,2,20,21,22,23,24,25,26,27,28,29,3,30,31,3
2,33,34,35,36,37,38,39,4,40,41,42,43,44,45,46,47,48,49,5,50,51,6,7,8,9
MR. NISHIT P GANDHI(6946) for the Respondent(s) No. 10,11,12,6,7,8,9
==========================================================
CORAM:HONOURABLE MRS. JUSTICE MAUNA M. BHATT
Date : 07/01/2026
ORAL ORDER
1. This application is filed seeking delay of 373 days in
preferring Miscellaneous Civil Application No. 37048 of 2025 in
Special Civil Application No. 19764 of 2023 seeking review of
the order dated 18.10.2024 in Special Civil Application No.
19764 of 2023.
2. Heard learned advocate Mr. Nilay Patel for the
applicants. Learned advocate for the applicants submitted that
since the applicants were not aware about the legal
proceedings and they could not take the decision on time and
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C/CA/5907/2025 ORDER DATED: 07/01/2026
were not having knowledge about the said order, there caused
a delay of 373 days in preferring the present Miscellaneous
Civil Application. Learned advocate further submitted that the
applicants are bonafide pursuing the matter to avail the legal
advise and hence the delay of 373 days may be condoned.
3. Considered the submissions and the averments made in
the application. The delay of 373 days caused in preferring
Miscellaneous Civil Application No. 37048 of 2025 in Special
Civil Application No. 19764 of 2023 is condoned.
4 Civil Application is allowed.
(MAUNA M. BHATT,J)
SHRIJIT PILLAI
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: PILLAI SHRIJIT P(HC01400), PRIVATE SECRETARY, at High Court of Gujarat on 07/01/2026 12:42:32
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