THE NEW INDIA ASSURANCE COMPANY LTDversusBHAGVATBHAI ALIAS BHAGWANBHAI GAGUBHAI GOHIL
- Disposal
- 53-ALLOWED / GRANTED @ ADM.STAGE
- Bench
- HASMUKH D SUTHAR
Holding
The 14‑day delay in filing the first appeal is condoned, and the application for condonation is allowed.
Summary
The New India Assurance Company Ltd filed an application under Section 5 of the Limitation Act seeking condonation of a 14‑day delay in filing its first appeal. The applicant argued that the delay was caused by reasons set out in the application and was not deliberate. The court examined the principle that limitation statutes should not defeat substantive justice and noted the absence of any mala‑fide or dilatory intent. Referring to the Supreme Court’s decision in N. Balakrishnan v. N. Krishnamurthy, the court adopted a liberal approach to "sufficient cause". Consequently, the court held that the 14‑day delay was condonable and allowed the application.
Issues considered
- Whether a delay of 14 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/5429/2025 ORDER DATED: 13/02/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 5429 of
2025
In R/FIRST APPEAL/450/2026
==========================================================
THE NEW INDIA ASSURANCE COMPANY LTD
Versus
BHAGVATBHAI ALIAS BHAGWANBHAI GAGUBHAI GOHIL & ORS.
==========================================================
Appearance:
MR NAGESH C SOOD(1928) for the Applicant(s) No. 1
NOTICE NOT RECD BACK for the Respondent(s) No. 1
NOTICE SERVED for the Respondent(s) No. 2,3
==========================================================
CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR
Date : 13/02/2026
ORAL ORDER
1) This application is led under Section 5 of the Limitation Act for
condonation of delay of 14 days caused in ling the First Appeal.
2) It is submitted by the learned advocate for the applicant that the
applicant could not le First Appeal in timely fashion because of the reasons
mentioned in the application and therefore, has requested to condone the
delay caused in ling the First Appeal.
3) Considering the submissions made by the learned advocates for the
respective parties, the applicant has mentioned su$cient cause for
condonation of delay. The primary function of the Court is to adjudicate the
dispute between the parties and to advance substantial justice. Rules of
limitation are not meant to destroy the rights of parties. The Court is aware
of the fact that denial to condone the delay would mean to dismiss the First
Appeal at threshold and there is no presumption that the delay caused by
the applicant is deliberate. In view thereof, the words ‘su$cient 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
Page 1 of 2
C/CA/5429/2025 ORDER DATED: 13/02/2026
bona de and genuine. There is no smack of mala de or dilatory tactics on
the part of the applicant. 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.
4) In view of the above, delay of 14 days as explained in memo of the
application is condoned. The application is accordingly allowed.
(HASMUKH D. SUTHAR,J)
SUCHIT
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: PATEL SUCHIT JAYESHBHAI(HC01083), Private Secretary, at High Court of Gujarat on 13/02/2026 14:17:31
Page 2 of 2
Search Indian case law
Ask in plain English, not just keywords. 25,000 AI words free, no card.