High Court of Gujarat
NIDHIBEN W/O TUSHARBHAI SOJITRA D/O PRAKASHBHAI SAKHIYAversusSTATE OF GUJARAT
- Disposal
- 53-ALLOWED / GRANTED @ ADM.STAGE
- Bench
- GITA GOPI
Holding
The 146‑day delay is sufficiently explained and is therefore condoned under Section 5 of the Limitation Act, 1963.
Summary
The wife of the petitioner and her minor child filed a criminal revision application and sought condonation of a 146‑day delay in filing the application, citing mental and emotional trauma. The respondent State argued that the delay was not sufficiently explained. The court referred to the principles laid down in Collector, Land Acquisition, Anantnag v. Mst. Katiji (AIR 1987 SC 1353), emphasizing the liberal approach to condoning delay under Section 5 of the Limitation Act to achieve substantial justice. Finding that the applicant’s explanation of delay was satisfactory, the court held that the delay should be condoned. Consequently, the application for condonation of delay was allowed and the revision application was ordered to be listed for hearing.
Issues considered
- Whether the 146‑day delay in filing the criminal revision application is sufficiently explained to warrant condonation under Section 5 of the Limitation Act, 1963.
- Whether mental and emotional trauma constitutes a sufficient cause for condoning the delay.
Legislation cited
Subjects
condonation of delaySection 5Limitation Actsubstantial justicecriminal revisionmental trauma
Judgment
R/CR.MA/1751/2025 ORDER DATED: 20/03/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR CONDONATION OF DELAY) NO.
1751 of 2025
In
F/CRIMINAL REVISION APPLICATION/2647/2025
================================================================
NIDHIBEN W/O TUSHARBHAI SOJITRA D/O PRAKASHBHAI SAKHIYA &
ANR.
Versus
STATE OF GUJARAT & ANR.
================================================================
Appearance:
MR JAY B AMBANI(13896) for the Applicant(s) No. 1,2
MR DM DEVNANI(5880) for the Respondent(s) No. 2
MS JYOTI BHATT, ADDITIONAL PUBLIC PROSECUTOR for the
Respondent(s) No. 1
================================================================
CORAM:HONOURABLE MS. JUSTICE GITA GOPI
Date : 20/03/2026
ORAL ORDER
1. Today learned advocate for the applicants Mr. Jay B.
Ambani has led a sick note. It appears that learned
advocate for the applicants is not interested in
proceeding with the matter.
2. By way of this application, the applicants - the wife and a
minor child aged 11 years have prayed for condonation of
delay of 146 days occurred in preferring the application.
3. The applicant-wife in her application has submitted that
she was su+ering from mental and emotional trauma. It
is further submitted in the application that the applicant-
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R/CR.MA/1751/2025 ORDER DATED: 20/03/2026
wife is staying with her mother and e+orts were being
made to settle the dispute. It is also submitted that the
delay was neither intentional nor had occurred due to any
negligence and all these factors have contributed to the
above delay.
4. Learned Additional Public Prosecutor for the respondent–
State submits that the delay in ling the application is not
su0ciently explained and therefore, the present
application may be rejected.
5. In the case of Collector, Land Acquisition, Anantnag
and Another v. Mst. Katiji and Others reported in
AIR 1987 SC 1353, it has been observed as under:-
“3. The legislature has conferred the power to
condone delay by enacting Section 5 of the
Indian Limitation Act of 1963 in order to enable
the Courts to do substantial justice to parties by
disposing of matters on 'merits'. The expression
"su'cient cause" employed by the legislature is
adequately elastic to enable the courts to apply
the law in a meaningful manner which
subserves the ends of justice that being the life-
purpose for the existence of the institution of
Courts. It is common knowledge that this Court
has been making a justi,ably liberal approach in
matters instituted in this Court. But the
message does not appear to have percolated
down to all the other Courts in the hierarchy.
And such a liberal approach is adopted on
principle as it is realized that:-
1. Ordinarily a litigant does not stand to bene,t
by lodging an appeal late.
2. Refusing to condone delay can result in a
meritorious matter being thrown out at the very
threshold and cause of justice being defeated.
As against this when delay is condoned the
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R/CR.MA/1751/2025 ORDER DATED: 20/03/2026
highest that can happen is that a cause would
be decided on merits after hearing the parties.
3. "Every day's delay must be explained" does
not mean that a pedantic approach should be
made. Why not every hour's delay, every
second's delay? The doctrine must be applied in
a rational common sense pragmatic manner.
4. When substantial justice and technical
considerations are pitted against each other,
cause of substantial justice deserves to be
preferred for the other side cannot claim to
have vested right in injustice being done
because of a non-deliberate delay.
5. There is no presumption that delay is
occasioned deliberately, or on account of
culpable negligence, or on account of mala
,des. A litigant does not stand to bene,t by
resorting to delay. In fact he runs a serious risk.
6. It must be grasped that judiciary is respected
not on account of its power to legalize injustice
on technical grounds but because it is capable
of removing injustice and is expected to do so.”
6. In view of the principles laid down in the above-referred
decision, considering the averments made in the
application and as the delay is su0ciently explained, the
delay of 146 days occurred in ling the application
deserves to be condoned and is hereby condoned.
7. Accordingly, the present application is allowed.
8. Let the Criminal Revision Application be listed in due
course.
Sd/-
(GITA GOPI,J)
CAROLINE / DB # 52
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: CAROLINE ANTHONISWAMY(HC00212), Principal pvt Secretary, at High Court of Gujarat on 20/03/2026 16:27:13
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