High Court of Gujarat

THAKOR JAGDISHKUMAR KAPURJIversusSTATE OF GUJARAT

Disposal: 36-MCA DISPOSED OF
Bench: GITA GOPI

Holding

The four‑day delay is condoned as it is sufficiently explained under Section 5 of the Limitation Act, 1963.

Summary

The applicant filed a criminal revision application but delayed filing a condonation of delay petition by four days, citing financial hardship. The respondent argued the delay was not sufficiently explained. The court examined the principles under Section 5 of the Limitation Act, 1963, and found the applicant's explanation adequate. Consequently, the four‑day delay was condoned. The application for condonation was allowed, permitting the pending revision to proceed.

Issues considered

Whether a four‑day delay in filing a condonation of delay application can be condoned under Section 5 of the Limitation Act, 1963?

Legislation cited

Limitation Act, 1963s. 5

Subjects

condonation of delayLimitation ActSection 5financial hardshipcriminal revision

Judgment

     R/CR.MA/9964/2026                              ORDER DATED: 29/04/2026




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/CRIMINAL MISC.APPLICATION (FOR CONDONATION OF DELAY) NO.
                         9964 of 2026
                              In
         F/CRIMINAL REVISION APPLICATION/13831/2026
==========================================================
                         THAKOR JAGDISHKUMAR KAPURJI
                                     Versus
                            STATE OF GUJARAT & ANR.
==========================================================
Appearance:
MR RISHABH R JAIN(12326) for the Applicant(s) No. 1
MR PRANAV DHAGAT, APP for the Respondent(s) No. 1
==========================================================

 CORAM:HONOURABLE MS. JUSTICE GITA GOPI

                                Date : 29/04/2026

                                    ORDER


1.     Heard the learned advocates appearing for the respective
       parties.


2.     By way of this application under Section 5 of the Limitation
       Act, 1963, the applicant has prayed for condonation of delay
       of 4 days occurred in preferring the application.


3.     Learned advocate for the applicant submits that the applicant
       was suffering from financial crunch and thus, could not seek
       legal assistance in time and thus, there is a delay in filing the
       application.


4.     Learned APP for the respondent–State submits that the delay
       in filing the application is not sufficiently explained and
       therefore, the present application may be rejected.



                                    Page 1 of 2
         R/CR.MA/9964/2026                                                         ORDER DATED: 29/04/2026




5.         In view of the principles laid down in the above-referred
           decision, considering the averments made in the application
           and as the delay is sufficiently explained, the delay of 4 days
           occurred in filing the application deserves to be condoned and
           is hereby condoned.


6.         Accordingly, the present application is allowed.


                                                                                                (GITA GOPI,J)
Maulik


Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: MAULIK RAJESH PANDYA(HC00205), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 29/04/2026 17:06:10




                                                     Page 2 of 2

Search Indian case law

Ask in plain English, not just keywords. 25,000 AI words free, no card.

Try "condonation of delay"Sign in to search