High Court of Gujarat

DAHMA NAMLABHAI NATHIYABHAIversusSTATE OF GUJARAT

Disposal: 58-RULE ISSUED & RULE ABSOLUTE/ALLOWED @FH
Bench: HEMANT M PRACHCHHAK

Holding

The Court held that the 322‑day delay is condonable under Section 5 of the Limitation Act as the applicants provided a satisfactory explanation.

Summary

The applicants sought condonation of a 322‑day delay in filing Miscellaneous Civil Application No.1 of 2026 for restoration of the main matter. They invoked Section 5 of the Limitation Act and submitted detailed explanations for the delay in paragraphs 2 to 5 of their petition. The respondents waived service of notice. The Court examined the explanations and found them satisfactory, applying the provisions of Rule 10(B). Consequently, the Court condoned the delay and made the rule absolute. The order was signed by Justice Hemant M. Prachchak on 16 April 2026.

Issues considered

Whether a delay of 322 days in filing the Miscellaneous Civil Application can be condoned under Section 5 of the Limitation Act?

Legislation cited

Limitation Acts. 5

Subjects

condonation of delayLimitation ActSection 5civil procedurerestoration of main matter

Judgment

        C/CA/1619/2026                                                         ORDER DATED: 16/04/2026




                IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

  R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 1619 of
                                 2026
              In F/MISC. CIVIL APPLICATION/10947/2026
             In F/SPECIAL CIVIL APPLICATION/5528/2025
================================================================
                        DAHMA NAMLABHAI NATHIYABHAI & ANR.
                                      Versus
                             STATE OF GUJARAT & ORS.
================================================================
Appearance:
MR VD PARGHI(568) for the Applicant(s) No. 1,2
MR NIKUNJ KANARA, ASST. GOVERNMENT PLEADER for the
Respondent(s) No. 1,2,3,4,5,6,7
================================================================
   CORAM:HONOURABLE MR. JUSTICE HEMANT M.
         PRACHCHHAK

                                            Date : 16/04/2026
                                                ORDER

1.        Rule returnable forthwith. Mr. Nikunj Kanara, learned Assistant
Government Pleader, waives service of notice of Rule for and on
behalf of the respondents.

2.        Present application is filed by the applicants under Section 5 of
the Limitation Act for condonation of delay of 322 days occurred in
preferring Misc. Civil Application No.1 of 2026 for restoration of the
main matter.

3.        Considering the averments made in the application, more
particularly in paragraphs 2 to 5 giving elaborate explanation for
delay caused in preferring Misc. Civil Application, the present civil
application is hereby allowed in terms of paragraph 10(B). The delay
of 322 days is hereby condoned. Rule is made absolute accordingly.



                                                                   (HEMANT M. PRACHCHHAK,J)
Dolly


Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: DOLLYBEN CHETANBHAI VADUKAR(HC01392), PRIVATE SECRETARY, at High Court of Gujarat on 16/04/2026 18:08:39
                                                    Page 1 of 1

Search Indian case law

Ask in plain English, not just keywords. 25,000 AI words free, no card.

Try "condonation of delay"Sign in to search