High Court of Gujarat

THE METHODIST CHURCH , INDIAversusSOMABHAI R. PATEL SINCE DECEASED THROUGH ITS LEGAL REPRESENTATIVES

Disposal: 53-ALLOWED / GRANTED @ ADM.STAGE
Bench: N S SANJAY GOWDAL ODEDRA

Holding

The Court allowed the condonation of delay, holding that the explanation for the 83‑day delay was satisfactory under Section 5 of the Limitation Act.

Summary

The Methodist Church, India filed an application under Section 5 of the Limitation Act seeking condonation of an 83‑day delay in filing its appeal. The respondent state, represented by an AGP, waived service of notice. Counsel for the applicant explained the reasons for the delay, which the Court found satisfactory. Consequently, the Court allowed the application and made the rule absolute, thereby permitting the appeal to proceed despite the delay.

Issues considered

Whether the 83‑day delay in filing the appeal can be condoned under Section 5 of the Limitation Act

Legislation cited

Limitation Act, 1963s. 5

Subjects

condonation of delayLimitation Actcivil procedureappealSection 5

Judgment

     C/CA/3194/2026                             ORDER DATED: 24/07/2026




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

 R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 3194 of
                            2026

                 In F/LETTERS PATENT APPEAL/12417/2026
                In R/SPECIAL CIVIL APPLICATION/4415/2008

==========================================================
                 THE METHODIST CHURCH , INDIA
                             Versus
     SOMABHAI R. PATEL SINCE DECEASED THROUGH ITS LEGAL
                   REPRESENTATIVES & ORS.
==========================================================
Appearance:
MR VIVEK V BHAMARE(6710) for the Applicant(s) No. 1
ANTRIX KAPADIYA, AGP for the Respondent(s) No. 2,3,5
MR MJ MEHTA(5797) for the Respondent(s) No. 1.1,1.2,1.3
==========================================================

 CORAM:HONOURABLE MR.JUSTICE N.S.SANJAY GOWDA
       and
       HONOURABLE MR.JUSTICE J. L. ODEDRA

                            Date : 24/07/2026

                       ORAL ORDER
 (PER : HONOURABLE MR.JUSTICE N.S.SANJAY GOWDA)


1.      Rule. Learned AGP waives service of notice of rule on
behalf of the respondent-State.


2.      The present application is filed by the applicant under
Section 5 of the Limitation Act for Condonation of Delay of 83
days.


3.      Heard learned counsel appearing for the applicant.


4.      Considering the averments made in the application and


                                Page 1 of 2
      C/CA/3194/2026                                                   ORDER DATED: 24/07/2026




upon      submission            of     learned         counsel         appearing            for     the
applicant, delay of 83 days in filing the appeal has been
explained to the satisfaction of the Court.


5.      Accordingly, the present application is allowed in the
above terms. Rule is made absolute.




                                                                     (N.S.SANJAY GOWDA,J)



                                                                               (J. L. ODEDRA, J)
YASH ARORA




Original copy of this order has been signed by the Hon'ble Judges.
Digitally signed by: YASH ARORA(HC02369), ENGLISH STENO GRADE-II\, at High Court of Gujarat on 27/07/2026 17:56:05




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