IMPORTANT POINT
The length of delay is not relevant, material and important. Question is whether delay has been specifically explained by applicant to consider his application for condonation of delay.

H.K. Rathod, J.—Heard learned Advocate Mr. A.V. Thakkar on behalf of applicant, learned Advocate Mr. D.B. Mehta has filed leave note today, but on his behalf, learned Advocate Ms. Ami Patel is appearing on behalf of respondent.

2. In this application, according to prayer made in Para 5(B) in all total delay of 905 days. Against present application, affidavit in reply is filed by respondent opposing it. Thereafter, today rejoinder is filed by applicant. Copy thereof is served to other side advocate.

3. In main Civil revision application, petitioner has challenged common order dated 19/11/2007 passed in Revision Application No. 1/2007 and also in revision application No. 2/2007 by Dy. Collector, Vyara, District Surat. The petitioner has also challenged order passed by Mamlatdar Court, Mahuva, District Surat in case No. 1/2006 dated 28/12/2006. The civil revision application has filed on 7/8/2010 before Registry of this Court, which has been registered on 12/8/2010.

4. The applicant has preferred regular Civil Suit No. 26/2008 before Principal Sr. Civil Judge, Bardoli on 10/3/2008. The said suit is still pending before Civil Court. The aforesaid Civil Suit No. 26/2008 filed by applicant regarding subject matter, which are under challenged. Thereafter, considering facts that opponents are trying to take undue advantage of order passed in proceeding of Mamlatdar ‘Court and just to avoid such technicalities, petition was preferred by applicant challenging order dated 19/11/2007 passed by Dy. Collector, which was registered as Stamp No. 14876/2008. Thereafter, it was registered after removing office objection being SCA No. 4934/2009. The said has been disposed of by this Court on 30/6/2010 on the ground that civil revision application is maintainable not special civil application. This Court has passed an order on 30/6/2010 in SCA No. 4934/2009, which is quoted as under:

“Against the impugned order passed by the authorities below under the Mamlatdar’s Courts Act, Revision Application is maintainable. Hence, the present petition is not entertained. It will be open for the petitioner to prefer Revision Application. As and when such Revision Application is made and application for condonation of delay is filed, the same shall be considered considering Section 14 of the Limitation Act.

With this, present petition is dismissed. Notice is discharged. No costs.”

5. The total period comes to 905 days which is required to be condoned as per prayer made by applicant. The other side has opposed it only on the ground that such period is remained unexplained no satisfactory explanation is given by applicant for delay of thirteen months. The affidavit is made by other side that some material fact has been suppressed by applicant. The said affidavit is dated 12.1.2011, against which, today, rejoinder is filed by present applicant dated 10/2/2011.

6. I have considered submission made by both learned advocates appearing on behalf of respective parties. It is necessary to note that while disposing Special civil application this Court has made it clear that as and when civil revision application is made for condonation of delay, Section 14 of Limitation Act required to be considered. The Section 14 of Limitation Act excluded time of proceeding bona fide filed in Court without jurisdiction. The Section 14(1)(2) and (3) are quoted as under:

“14(1) In computing the period of limitation for any suit the time during which the plaintiff has been prosecuting with due diligence another civil proceeding, wherein in a court of first instance or of appeal or revision against the defendant shall be excluded, where the proceeding relates to the same matter in issue and is prosecuted in good faith in a court which, from defect of jurisdiction or other cause of a like nature, is unable to entertain it.

(2) In computing the period of limitation for any application, the time during which the applicant has been prosecuting with due diligence another civi