IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 17991 of 2023 ==========================================================

BABUBHAI KANJIBHAI BORICHA Versus SECRETARY, GUJARAT STATE & ORS.

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Appearance:

MR HIRENKUMAR M NIYALCHANDANI(9959) for the Petitioner(s) No. 1 for the Respondent(s) No. 2,3,4,5 MR ROHAN RAVAL AGP ADVANCE COPY SERVED TO GOVERNMENT PLEADER/PP for the Respondent(s) No. 1 ==========================================================

CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI Date : 01/08/2024

ORAL ORDER

The orders declining to condone the delay of 05 years and 11 months caused in preferring the application seeking revival of the suit which came to be dismissed for non-prosecution passed by the Courts below are sought to be challenged in this petition under Article 227 of the Constitution of India.

2. Learned advocate for the petitioner has submitted that petitioner is seeking condonation of delay mainly on the ground that petitioner did not remain present before the court below as the brother of the petitioner was ill and suffering from various decease like cancer and therefore as the petitioner w