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2024 Supreme(Online)(GUJ) 490

HIGH COURT OF GUJARAT
GG
HEMANTKUMAR PASABHAI JADHAV – Appellant
Versus
STATE OF GUJARAT – Respondent


Petitioner Advocates:MR. ABHISHEK D JAIN(7115) ,Respondent Advocate: PUBLIC PROSECUTOR(2)

ORDER

1. Heard the learned advocates appearing for the respective parties.

2. By way of this application, the applicant has prayed for condonation of delay of 66 days occurred in preferring the application.

3. Learned advocate for the applicant submits that in compliance of the order dated 30.4.2024, affidavit is filed by the applicant to show that an amount of Rs.1,29,000/- is the arrears pending as on date. The applicant proposes to challenge the Family Court’s order but because of financial constraints, he could not seek legal assistance in time and that has led to delay of 66 days occurred in preferring the application.

4. Learned APP for the respondent – State submits that the delay in filing the application is not sufficiently explained and therefore, the present application may be rejected.

5. 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 "s

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