Bombay High Court

PRITI W/O VIKAS GORE AND ORS.versusTHE DIVISIONAL CONTROLLER MAHARASHTRA STATE ROAD TRANSPORT COR. AND ORS..

Disposal: Admitted/Allowed/Granted/Rule Absolute
Bench: SANJAY A DESHMUKH

Holding

The delay of 117 days is condoned as it was not deliberate under Section 5 of the Limitation Act.

Summary

The petitioners, illiterate and poor agriculturists, filed an application seeking condonation of a 117‑day delay in filing their first appeal. They explained that their lack of awareness of procedural requirements and poor communication with their counsel caused the delay. The court examined the reasons and determined that the delay was not deliberate, as contemplated under Section 5 of the Limitation Act. Sufficient cause was found, and the court exercised its discretion to condone the delay. Consequently, the application was allowed and the appeal was permitted to proceed, with notice issued to the respondents and a return date fixed.

Issues considered

Whether a delay of 117 days in filing a first appeal can be condoned under Section 5 of the Limitation Act

Legislation cited

Limitation Act — s. 5

Subjects

condonation of delay
Limitation Act
Section 5
first appeal
civil procedure

Judgment

2026:BHC-AUG:23874


                                                                             ca14041.25
                                                      -1-


                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                    BENCH AT AURANGABAD

                             955 CIVIL APPLICATION NO. 14041 OF 2025
                                         IN FAST/37825/2025

                                   Priti W/o Vikas Gore and others
                                               VERSUS
                   The Divisional Controller Maharashtra State Road Transport Cor.
                                               And Ors..
                                                   ...
                 Advocate for Applicant : Ms. Renuka S. Karande h/f Ms. Ashwini A.
                 Lomte
                                                   …..

                                       CORAM : SANJAY A. DESHMUKH, J.
                                       DATED : 17th JUNE, 2026

                 PER COURT :-


                 1.        This is an application for condonation of delay of 117 days

                 caused in filing the first appeal.



                 2.        Perused the application. Heard learned advocate for the

                 applicant. For the reasons stated in the application, it appears that

                 the delay was caused because the applicants are illiterate and poor

                 agriculturists who were not aware of the procedure for filing an

                 appeal. There was also a lack of communication between the

                 applicants and their advocate. Consequently, necessary steps could

                 not be taken in time for filing the appeal. Considering all these

                 reasons cumulatively, it appears that the delay was not deliberate, as

                 contemplated under Section 5 of the Limitation Act. Sufficient cause
                                                           ca14041.25
                                -2-

has been shown for condonation of delay.          The application is

allowed. The delay of 117 days is condoned.



3.       In first appeal, issue notice to the respondents, returnable

on 29.07.2026. Call for record and proceedings.



                                 (SANJAY A. DESHMUKH, J.)

rlj/

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