High Court of Gujarat

KEYURBHAI VITTHALBHAI PATELversusARVINDBHAI BABUBHAI DARJI

Disposal: 53-ALLOWED / GRANTED @ ADM.STAGE
Bench: HASMUKH D SUTHAR

Holding

The Court held that the 45‑day delay was condonable under Section 5 of the Limitation Act.

Summary

The petitioner, Keyurbhai Vitthalbhai Patel, filed a civil application under Section 5 of the Limitation Act seeking condonation of a 45‑day delay in filing MCA No.34069/2025, CA No.19741/2025 and First Appeal No.19738/2025. The applicant’s counsel argued that the delay was justified and cited the Supreme Court’s decision in N. Balakrishnan v. N. Krishnamurthy. The Court examined the averments and the precedent, finding that the applicant had shown sufficient cause for the delay. Relying on the principles laid down in the Apex Court judgment, the judge held that the delay could be condoned. Consequently, the application for condonation of delay was allowed.

Issues considered

Whether a delay of 45 days in filing the specified proceedings can be condoned under Section 5 of the Limitation Act.

Legislation cited

Limitation Acts. 5

Subjects

condonation of delayLimitation ActSection 5civil procedureSupreme Court precedent

Judgment

          C/CA/6240/2025                                                      ORDER DATED: 06/01/2026




                 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

      R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 6240 of
                                      2025
                  In F/MISC. CIVIL APPLICATION/34069/2025
                      In F/CIVIL APPLICATION/19741/2025
                         In F/FIRST APPEAL/19738/2025

 ==========================================================
                                KEYURBHAI VITTHALBHAI PATEL
                                           Versus
                                 ARVINDBHAI BABUBHAI DARJI
 ==========================================================
 Appearance:
 MS VISHWA A SHASTRI(10559) for the Applicant(s) No. 1
 ==========================================================
      CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR

                                             Date : 06/01/2026

                                               ORAL ORDER

 1.        Heard learned advocate for the applicant.

 2.        This application is             led under Section 5 of the Limitation Act for
 condonation of delay of 45 days caused in ling of MCA No.34069/2025 in F/
 CA No.19741/2025 in F/First Appeal No.19738/2025.

 3.        Having heard the learned advocate for the applicant and considering
 the averments made in this application, as su,cient 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 SUPREME COURT 3222, delay of 45 days as explained by the learned
 advocate for the applicant is considered. 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 07/01/2026 14:41:57




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