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2024 Supreme(Online)(GUJ) 18462

HIGH COURT OF GUJARAT
MS. JUSTICE GITA GOPI, J
RAVIKUMAR DIPAKBHAI PATEL – Appellant
Versus
KASHYAPBHAI MAHENDRABHAI PATEL – Respondent


Petitioner Advocates:MR VAIBHAV N SHETH(5337) ,Respondent Advocate:

ORDER

1. Heard the learned advocate for the applicant.

2. By way of this application under Section 5 of the Limitation Act, 1963 , the applicant has prayed for condonation of delay of 219 days occurred in preferring the appeal.

3. Learned advocate appearing for the applicant submits that the claim petition came to be dismissed though there was serious disablity on the face and eyes and though the evidences in that regard were produced, the Court had not believed the same. Since the applicant had not received any compensation amount, it had become impossible for him to make arrangement for Court fees and other expenses which caused delay in filing the main first appeal.

4. 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 meani

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