High Court of Gujarat

DHARMENDRA RAMBHAI JADAVversusHEIRS OF DECD. MILANBHAI KANUBHAI BAMBHANIYA

Disposal: 38-RULE ABSOLUTE/ALLOWED @ FH
Bench: HASMUKH D SUTHAR

Holding

The delay of 116 days is condoned as the applicant demonstrated sufficient cause.

Summary

The applicant filed a civil application for condonation of a 116‑day delay in filing a restoration petition, invoking Section 5 of the Limitation Act. The delay was attributed to the applicant's inability to arrange the required court fees. The court examined the applicant's explanation and considered the precedent set in N. Balakrishnan v. N. Krishnamurthy (AIR 1998 3222). Finding that the applicant had shown sufficient cause, the judge held that the delay could be condoned. Consequently, the application for condonation was allowed.

Issues considered

Whether a delay of 116 days in filing a restoration application can be condoned under Section 5 of the Limitation Act

Legislation cited

Limitation Acts. 5

Subjects

condonation of delayLimitation ActSection 5restoration applicationcourt feesprecedent

Judgment

       C/CA/6119/2025                                                ORDER DATED: 05/01/2026




          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
  R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 6119 of
                                  2025
               In F/MISC. CIVIL APPLICATION/32236/2025
                   In F/CIVIL APPLICATION/9407/2025
                      In F/FIRST APPEAL/9118/2025
==========================================================
                   DHARMENDRA RAMBHAI JADAV
                              Versus
       HEIRS OF DECD. MILANBHAI KANUBHAI BAMBHANIYA & ORS.
==========================================================
Appearance:
MR PRATIK Y JASANI(5325) for the Applicant(s) No. 1
==========================================================
  CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR
                   Date : 05/01/2026
                    ORAL ORDER


1.      Heard learned advocate for the applicant.


2.      This application is filed under Section 5 of the Limitation
Act for condonation of delay of 116 days caused in filing the
restoration application on the ground that the applicant could
not arrange the amount for payment of court fees in time.


3.      Having heard the learned advocates for the respective
parties and considering the averments made in this application,
it appears that sufficient cause is made out to condone the delay
and in view of the judgment passed by the Hon’ble Apex Court in
the case of N. Balakrishnan vs. N. Krishnamurthy, reported in
AIR 1998 3222, therefore, the delay of 116 days as explained
by the learned advocate for the applicant is considered. The
application is accordingly allowed.



                                                                  (HASMUKH D. SUTHAR,J)
ALI



Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: ISTAYAK ALI(HC01093), PRIVATE SECRETARY, at High Court of Gujarat on 05/01/2026 14:29:49

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