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2024 Supreme(Online)(GUJ) 16320

HIGH COURT OF GUJARAT
HONOURABLE MS. JUSTICE GITA GOPI
GITABEN DILIPBHAI SUTHAR (GAJJAR) – Appellant
Versus
PANCHUBHA VISAJI AMAR (JADEJA) – Respondent


ORAL ORDER

1. The present application has been filed for condonation of delay of 365 days caused in filing the First Appeal.

2. Learned advocate for the applicant states that the widow had to take care of the minor and aged mother-in-law, who is now deceased and had responsibility to take care of the education and welfare of the minors; further the compensation amount was not deposited in time, hence, could not make arrangement for court fees and other expenses.

3. In the case of Collector, Land Acquisition, Anantnag and Another v. Mst. Katiji and Others reported in AIR 1987 SC 1353 it has been observed as under :-

“3. The legislature has conferred the power to condone delay by enacting Section 5 of the Indian Limitation Act of 1963 in order to enable the Courts to do substantial justice to parties by disposing of matters on 'merits'. The expression "sufficient cause" employed by the legislature is adequately elastic to enable the courts to apply the law in a meaning- ful manner which subserves the ends of justice that being the life-purpose for the existence of the institution of Courts. It is common knowledge that this Court has been making a justifiably liberal approach in matters i

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