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2026:CGHC:5037

NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

CRR No. 589 of 2024

Mohd. Rafik Ansari S/o Late Naseem Adhmed Ansari Aged About 30

Years R/o Vivekanand Nagar, Near Falaknuma Masjid Junwani Road,

Kohaka, Bhilai, P.S. Supela, District Durg Chhattisgarh.

... Applicant(s)

versus

Noorjahan W/o Mohd. Rafik Ansari, D/o Yenul Haque Ansari, Aged

About 24 Years R/o Dhanlaxmi Nagar, Bhanpuri, P.S. Khamtarai Raipur,

Tahsil And District Raipur Chhattisgarh.

... Respondent(s)

For Applicant(s) : Mr. Siddharth Pandey, Advocate.

For Respondent(s) : None.

Hon'ble Shri Ramesh Sinha, Chief Justice

Order on Board

29.01.2026

1. Heard Mr. Siddharth Pandey, learned counsel for the applicant on

I.A. No. 01 of 2024, which is an application for condonation of delay of

838 days in preferring the instant criminal revision.

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2. Learned counsel appearing for the applicant submitted that the

impugned order dated 08.10.2021 has been assailed by way of the

present revision. It is contended that the applicant could not approach

this Court within the period of limitation and that there is a delay of

about 838 days in filing the revision. Explaining the delay, it was urged

that as notice of the proceedings was not served upon the applicant and

an ex-parte order was passed by the learned Family Court without his

knowledge. The applicant came to know about the said order only when

execution proceedings were initiated. Immediately thereafter, he applied

for a certified copy of the order through counsel. Being employed as a

Mechanical Engineer in Saudi Arabia, he could file the present revision

only after coming to India in April 2024. Accordingly, he prays for

condoning the delay in the interest of justice and proceed to hear the

revision on merits.

3. I have heard learned counsel appearing for the applicant and also

perused the application for condonation of delay in preferring the instant

criminal revision.

4. The primary question that arises for consideration before this

Court is whether the delay of about 838 days in preferring the present

revision petition deserves to be condoned or not.

5. Recently, the Hon’ble Supreme Court in the matter of State of

Madhya Pradesh v. Ramkumar Choudhary, 2024 INSC 932, while

considering the delay, issued some directions and observed as follows:-

“5. The legal position is that where a case

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has been presented in the Court beyond

limitation, the petitioner has to explain the

Court as to what was the "sufficient cause"

which means an adequate and enough

reason which prevented him to approach the

Court within limitation. In Majji Sannemma v.

Reddy Sridevi, 2021 SCC Online SC 1260, it

was held by this Court that even though

limitation may harshly affect the rights of a

party, it has to be applied with all its rigour

when prescribed by statute. A reference was

also made to the decision of this Court in Ajay

Dabra v. Pyare Ram, 2023 SCC Online 92

wherein, it was held as follows:

"13. This Court in the case of Basawaraj v.

Special Land Acquisition Officer [(2013) 14

SCC 81] while rejecting an application for

condonation of delay for lack of sufficient

cause has concluded in Paragraph 15 as

follows:

“15. The law on the issue can be

summarised to the effect that where a case

has been presented in the court beyond

limitation, the applicant has to explain the

court as to what was the “sufficient cause”

which means an adequate and enough

reason which prevented him to approach

the court within limitation. In case a party is

found to be negligent, or for want of bona

fide on his part in the facts and

circumstances of the case, or found to

have not acted diligently or remained

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inactive, there cannot be a justified ground

to condone the delay. No court could be

justified in condoning such an inordinate

delay by imposing any condition

whatsoever. The application is to be

decided only within the parameters laid

down by this Court in regard to the

condonation of delay. In case there was no

sufficient cause to prevent a litigant to

approach the court on time condoning the

dela