Back
J. C. DOSHI
Vijubhai Muljibhai Chauhan – Appellant
Versus
Bhavanbhai Dhanabhai Bharvad – Respondent
JUDGMENT (CAV)
The instant petition under Article 227 of the Constitution of India is filed against the impugned order dated 2.8.2021 passed by the learned City Civil Judge, City Civil Court, Ahmedabad in CMA No.457 of 2019 filed for condonation of delay in filing Application for restoration of Civil Suit No.1827 of 2007 and further to allow condonation of delay and direct the learned trial Court to hear the application for restoration in accordance with law.
2. Brief facts of the case are as under:
2.1 That on 07-04-1999 Respondent herein (Orig defendant) filed civil suit being 1778 of 1999 before City Civil Court, Ahmedabad against one Bharatbhai Shakarbhai Patel & Petitioner herein for cancellation of sale deeds executed in favour of Petitioner & also for injunction.
2.2 That on 23-08-2007 Petitioner herein (orig Plaintiff) filed Civil Suit no 1827/2007 against Respondent herein (Orig Defendant) & prayed for vacant and peaceful possession of suit property and injunction against Respondent herein.
2.3 That Respondent herein withdrew the aforesaid Civil Suit no 1778 of 1999 filed by him with liberty to file fresh suit. That on 02.04.2008 Hon’ble Court was pleased to pass the order
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) – 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 applications for condonation of delay should be decided on merits, prioritizing substantial justice over technicalities, especially when the delay is not due to negligence.
The main legal principle established is that delay in filing appeals should be condoned when sufficient cause is shown, especially to advance substantial justice. The discretion to condone delay shou....
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 held that for condoning delay under Section 5 of the Limitation Act, the party must demonstrate sufficient cause, with mere negligence or vague explanations failing to meet this burden.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
