RUBINABANU MOHAMMAD IMRAN SODAversusBALVANTBHAI LADUBHAI GAMAR
- Disposal
- 53-ALLOWED / GRANTED @ ADM.STAGE
- Bench
- HASMUKH D SUTHAR
Holding
The Court condoned the 149‑day delay and allowed the application for condonation of delay.
Summary
The applicants filed an application under Section 5 of the Limitation Act seeking condonation of a 149‑day delay in filing their First Appeal. Although respondents No.2 and No.4 were served, they did not appear before the Court. The applicants argued that they had sufficient cause for the delay and that no mala‑fide or dilatory intent was involved. The Court, after hearing the parties, emphasized that limitation rules should not defeat substantive justice and that "sufficient cause" must be given liberal consideration. Referring to the Supreme Court decision in N. Balakrishnan v. N. Krishnamurthy (1998) 7 SCC 123, the Court found the applicants' reasons bona fide and therefore condoned the delay, allowing the application.
Issues considered
- Whether a delay of 149 days in filing a First Appeal can be condoned under Section 5 of the Limitation Act.
Legislation cited
- Limitation Acts. 5
Subjects
Judgment
C/CA/4092/2025 ORDER DATED: 16/01/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 4092 of
2025
In F/FIRST APPEAL/19457/2025
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RUBINABANU MOHAMMAD IMRAN SODA & ORS.
Versus
BALVANTBHAI LADUBHAI GAMAR & ORS.
==========================================================
Appearance:
MR VAIBHAV N SHETH(5337) for the applicants(s) No. 1,2,3,4,5
MR TANMAY B KARIA(6833) for the Respondent(s) No. 6
MR TEJAS D SHUKLA(5312) for the Respondent(s) No. 1
MS DIMPLE A THAKER(6838) for the Respondent(s) No. 3
NOTICE SERVED for the Respondent(s) No. 2,4
UNSERVED EXPIRED (N) for the Respondent(s) No. 5
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CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR
Date : 16/01/2026
ORAL ORDER
[1.0] This application is 9led under Section 5 of the Limitation
Act for condonation of delay of 149 days caused in 9ling the First
Appeal.
[2.0] Though served, respondent Nos.2 and 4 have not appeared
before the Court. I have heard the learned advocates for the
respective parties.
[3.0] It is submitted by the learned advocate for the applicants
that the applicants could not 9le the First Appeal in timely
fashion because of the reasons mentioned in the application and
therefore, has requested to condone the delay caused in 9ling
the First Appeal.
[4.0] Learned advocate for respective respondents have
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C/CA/4092/2025 ORDER DATED: 16/01/2026
vehemently opposed the present application.
[5.0] Considering the submissions made by the learned
advocates for the respective parties, the applicants has
mentioned suBcient cause for condonation of delay. The primary
function of the Court is to adjudicate the dispute between the
parties and to advance substantial justice. Rules of limitation are
not meant to destroy the rights of parties. The Court is aware of
the fact that denial to condone the delay would mean to dismiss
the First Appeal at threshold and there is no presumption that
the delay caused by the applicants is deliberate. In view thereof,
the words ‘suBcient cause’ under Section 5 of the Limitation Act
should receive a liberal consideration so as to advance
substantial justice. Even reason stated appears to be bona9de
and genuine. There is no smack of mala9de or dilatory tactics on
the part of the applicants. Further, it is apposite to refer to the
decision of the Hon’ble Apex Court in the case of N.
Balakrishnan v. N. Krishnamurthy reported in (1998) 7 SCC 123.
[6.0] In view of the above, the delay of 149 days as explained in
memo of the application is condoned. The application is
accordingly allowed.
(HASMUKH D. SUTHAR, J.)
Ajay
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: AJAY CHANDRAN MENON(HC00939), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 16/01/2026 14:26:41
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