IMPORTANT POINT
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 preferring appeal or making application within prescribed time period.

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 to that effect.

2.4 That on 13.04.2009 Petitioner herein filed application under Order VII Rule 11 (d) of CPC for dismissal of Civil Suit no 1035/2008. That on 03.04.2013 Respondent herein filed reply to the said application u/O VII R 11 (d) filed by Petitioner in Civil suit no 1035/2008.

2.5 In Civil Suit No.1827 of 2007 filed for declaration for possession of the disputed property and injunction on 12.12.2013, Respondent herein filed application under Order VII Rule 11 of CPC. That on 26.02.2014 Petitioner filed reply to application under Order VII Rule 11 of CPC. That thereafter matter was not listed upto 25.07.2016. Thereafter said suit was listed on 25.07.2016. The learned trial Court passed the order below Exh.1 directing the parties to produce documentary evidence within 07 days.

2.6 Thereafter matter was listed on 11.08.2016, Ld Judge framed issue. Thereafter matter listed on 27.09.2016 but Ld Judge was having business of Chamber Judge, hence matter was adjourned. Thereafter matter was listed on 08.11.2016. As Ld Judge was having business of chamber Judge, matter was sent back to Department. Thereafter, on 23.11.2016 matter came to be listed on board but none was present hence matter was adjourned and listed on 05.01.2017 but none present hence adjourned and again listed on 20.02.2017. That as none were present, matter was dismissed for default.

2.7 Apart from civil proceedings referred herein before, parties hereto were pursuing revenue proceedings as per following details:

(a) In view of execution of sale deeds in favour of Petitioner herein, mutation entry no 6461 came to be passed on 21.01.1999 in revenue record of subjected property with regard to execution of sale deeds.

(b) The said mutation entry in favour of Petitioner herein was challenged before Prant Officer by Respondent herein, who confirmed mutation entry in favour of Petitioner herein vide its order dated 10.03.2000.

(c) That Respondent herein challenged order dated 10.03.2000 passed by Prant Officer before the Collector who remanded back the matter to Prant Officer, vide its order dated 20.09.2001

(d) That Respondent herein challenged order dated 20.09.2001 passed by the Collector before the SSRD who confirmed order of Collector, vide its order dated 25.06.2014.

(e) That Respondent herein challenged order dated 25.06.2014 passed by SSRD before Hon’ble High Court of Gujarat by way of SCA no 13263/2014. The Hon’ble High Court vide its order dated 29.09.2014 remanded back the matter to Prant Officer.

(f) That Prant Officer as per the direction of Hon’ble High Court heard remand case and confirmed mutation entry no 6461 vide its order dated 26.02.2016.

(g) That Respondent herein challenged order dated 26.02.2016 of Prant Officer before the Collector who confirmed or