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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
J.C.DOSHI
District Panchayat – Appellant
Versus
Ghusabhai Kanjibhai Chotalia Since Deceased Through Heirs – Respondent
| Table of Content |
|---|
| 1. application for condonation of delay filed. (Para 1 , 2 , 3) |
| 2. arguments over delay and its explanation. (Para 5 , 6) |
| 3. legal standards for condonation of delay. (Para 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16) |
| 4. application for condonation of delay dismissed. (Para 18) |
ORDER :
J.C.DOSHI, J.
1. By way of this application filed u/s 5 of the Limitation Act, 1963 (in short “the Act”), the applicant has prayed to condone the delay of 558 days in filing the Restoration Application to restore Second Appeal which came to be dismissed for non prosecution on 19.06.2024.
2. The appellant has filed Second Appeal under section 100 of Code of Civil Procedure, 1908 (for short ‘CPC) against judgment and decree dated 07.01.2000 passed by learned Assistant Judge, Junagadh in Regular Civil Appeal No.22 of 1997, whereby, learned Appellate Court allowed the appeal and reversed the judgment and decree passed by learned Trial Court in Regular Civil Suit No.126 of 1992 dated 07.02.1997.
3. The Second Appeal was listed for hearing on 19.06.2024 and this Court has passed following order :-
“When the matter is taken up for hearing, learned advocate for the appellant is absent. Even on the la
A party seeking condonation of delay under Section 5 of the Limitation Act must demonstrate sufficient cause; mere invocation of a liberal approach unaccompanied by due diligence will not suffice.
The court determined that administrative negligence is insufficient to warrant the condonation of significant delays in legal proceedings; strict adherence to limitation laws is paramount.
(1) – Limitation period – Length of delay is a relevant matter which court must take into consideration while considering whether delay should be condoned or not – While considering plea for condona....
The court emphasized that litigants owe a duty to track their cases vigilantly and cannot solely blame their lawyers for delays when seeking to condone significant time lapses.
Condonation of delay in filing application for restoration of Civil Suit – Delay to be condoned in interest of justice provided that applicant satisfies court that he had sufficient cause for not pre....
(1) Un-condonable delay - Un-condonable delay cannot be condoned in a routine manner by the Courts. Law of Limitation is substantive and the Rule is to institute the proceedings within the time limit....
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