High Court of Gujarat

MOHSIN HUSSAIN MANSURIversusMOHMMADSHAFI ABDULMAJID RASULBHAI

Disposal: 38-RULE ABSOLUTE/ALLOWED @ FH
Bench: HASMUKH D SUTHAR

Holding

The court condoned the 209‑day delay as the applicant demonstrated sufficient cause.

Summary

The applicant, Mohsin Hussain Mansuri, filed an application under Section 5 of the Limitation Act seeking condonation of a 209‑day delay in filing a cross‑objection, alleging inability to arrange court‑fee payment. The respondent, Mohammadshafi Abdulmajid Rasulbhai & Ors., opposed the condonation. The court examined the reasons for delay and considered the precedent set in N. Balakrishnan v. N. Krishnamurthy (AIR 1998 3222). Finding that the applicant had shown sufficient cause, the court held that the delay could be condoned. Accordingly, the application for condonation was allowed.

Issues considered

Whether a delay of 209 days in filing a cross‑objection can be condoned under Section 5 of the Limitation Act.

Legislation cited

Limitation Acts. 5

Subjects

condonation of delayLimitation ActSection 5cross objectioncourt feesprecedent

Judgment

           C/CA/6069/2025                                                ORDER DATED: 05/01/2026




              IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
      R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 6069 of
                                      2025
                      In F/CROSS OBJECTION/35771/2025
                          In R/FIRST APPEAL/781/2025
   ==========================================================
                         MOHSIN HUSSAIN MANSURI
                                  Versus
                  MOHMMADSHAFI ABDULMAJID RASULBHAI & ORS.
   ==========================================================
   Appearance:
   NISHIT A BHALODI(9597) for the Applicant(s) No. 1
   MASUMI V NANAVATY(9321) for the Respondent(s) No. 3
   MR VIBHUTI NANAVATI(513) for the Respondent(s) No. 3
   ==========================================================
      CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR

                                           Date : 05/01/2026
                                            ORAL ORDER


   1.       Heard learned advocates for the respective parties.


   2.       This application is filed under Section 5 of the Limitation
   Act for condonation of delay of 209 days caused in filing the
   cross objection on the ground that the applicant could not
   arrange the amount for payment of court fees in time.


   3.       Having heard the learned advocates for the respective
   parties and considering the averments made in this application,
   it appears that sufficient cause is made out to condone the delay
   and in view of the judgment passed by the Hon’ble Apex Court in
   the case of N. Balakrishnan vs. N. Krishnamurthy, reported in
   AIR 1998 3222, therefore, the delay of 209 days as explained
   by the learned advocate for the applicant is considered. The
   application is accordingly allowed.



                                                                      (HASMUKH D. SUTHAR,J)
   ALI

Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: ISTAYAK ALI(HC01093), PRIVATE SECRETARY, at High Court of Gujarat on 05/01/2026 14:30:40


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