High Court of Gujarat

DINESHBHAI NARSHIBHAI MALAKIYAversusRAJSHRIBEN DINESHBHAI MALAKIYA

Disposal: 38-RULE ABSOLUTE/ALLOWED @ FH
Bench: P M RAVAL

Holding

The Court condoned the 75‑day delay and allowed the revision application.

Summary

Dineshbhai Narshibhai Malakiya filed a revision application 75 days after the prescribed period and sought condonation of delay under Section 5 of the Limitation Act. The applicant argued that the delay was sufficiently explained in the memorandum of application. The Court heard the submissions of the parties and examined the explanations provided for the delay. Finding the reasons satisfactory, the Court held that the delay could be condoned. Accordingly, the application for condonation was allowed and the delay was formally condoned.

Issues considered

Whether a delay of 75 days in filing a revision application can be condoned under Section 5 of the Limitation Act.

Legislation cited

Limitation Acts. 5

Subjects

condonation of delayLimitation ActSection 5revision applicationGujarat High Court

Judgment

     R/CR.MA/21944/2025                              ORDER DATED: 09/01/2026




     IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/CRIMINAL MISC.APPLICATION (FOR CONDONATION
           OF DELAY) NO. 21944 of 2025

     In F/CRIMINAL REVISION APPLICATION/33239/2025

=================================================
          DINESHBHAI NARSHIBHAI MALAKIYA
                        Versus
      RAJSHRIBEN DINESHBHAI MALAKIYA & ORS.
=================================================
Appearance:
MR.MRUDUL M BAROT(3750) for the Applicant(s) No. 1
MR ROHAN SHAH, APP for the Respondent(s) No. 4
=================================================

CORAM:HONOURABLE MR.JUSTICE P. M. RAVAL

                           Date : 09/01/2026

                           ORAL ORDER

1.      Learned advocate Mr. Krunal Shah has instructions to appear
for respondent Nos. 1 to 3. He shall file his appearance in due
Course, which the registry shall accept.


2.      Rule, returnable forthwith.           Learned advocates for the
respective respondents waive service.


3.      By this application under section 5 of the Limitation Act, the
applicant seeks condonation of delay of 75 days caused in filing the

                                Page 1 of 2
               R/CR.MA/21944/2025                                                             ORDER DATED: 09/01/2026




        captioned revision application.


        4.         Heard, the learned advocates for the respective parties.


        5.         Having heard and considering the averments made in the
        memorandum of application, the Court is of the view that the delay
        that has occasioned in preferring the revision application has been
        sufficiently explained. The application, therefore, succeeds and is,
        accordingly, allowed. The delay caused in filing the revision
        application is hereby condoned. Rule is made absolute accordingly.


                                                                                                 [ P. M. Raval, J. ]
        hiren/43tss9126




Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: HIREN VIRENDRABHAI MER(HC00351), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 09/01/2026 14:25:48




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