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2019 Supreme(Online)(Guj) 4264
HIGH COURT OF GUJARAT
MS. SONIA GOKANI, J
LEGAL HEIRS OF SAGAR KHIMA RAMA – Appellant
Versus
STATE OF GUJARAT – Respondent
CIVIL APPLICATION NO. 2080 of 2019|FIRST APPEAL NO. 21725 of 2019
For the Appellants/Petitioners: MR. BHAUMIK DHOLARIYA
For the Respondents: MR VENUGOPAL PATEL
The court may condone delay in filing appeals when sufficient grounds, including lack of resources or legal knowledge, are established.
Headnote:This judgment involves a Civil Application for condonation of delay under section 5 of the Limitation Act concerning an appeal against a judgment and order dated 27.11.2017. The applicants, being the legal heirs of original appellants, sought to challenge the delay of 499 days in filing the appeal. The court found sufficient grounds, including financial constraints and limited legal knowledge, necessitating the condonation of delay. The court thus allowed the application and made the rule absolute.
| Table of Content |
|---|
| 1. grounds for delay in filing appeal (Para 1 , 2 , 3) |
| 2. sufficient grounds observed for delay condonation (Para 6) |
| 3. court's final ruling on application (Para 7) |
ORDER
1. This is a Civil Application for condonation of delay under section 5 of the Limitation Act . The delay caused is of 499 days in preferring the captioned appeal challenging the judgement and order dated 27.11.2017 passed by the learned Principal Senior Civil Judge, Khambhaliya in Land Reference Case No.224 of 1993. Applicants are the legal heirs of original appellants, who have urged that the judgment and decree came to be passed on 27.11.2017. They applied for certified copy of judgement and decree on 04.12.2017, which was ready on 27.12.2017 and had been delivered on 16.02.2018.
2. Names of the legal heirs of the appellant since were not there in the judgement and decree, once again an application was preferred for bringing on record, the names of legal heirs, which took a while.
3. It is the say of the applicant that due to financial constraints and since they have less knowledge of law and their limited resources, did not allow them to prefer an application with the prescribed time limit.
4. This Court has issued rule on 30.07.2019. Learned Assistant Public Prosecutor waived service of notice of rule.
5. This Court has heard learned advocate Mr. Dholariya for the applicants and also learned Assistant Government Pleader for the State.
6. Delay caused is of 499 days. Noticing the fact that after once the certified copy was obtained on 16.02.2018, for bringing the names of the heirs of the original applicant on record, it took them some time. The reasons of insufficiency of funds and also limited knowledge of law, would weigh with this Court.
Sufficient grounds are made out for condoning the delay.
7. Accordingly, the application is allowed. Rule is made absolute accordingly.
knowledge of law, would weigh with this Court.
Sufficient grounds are made out for condoning the delay.
7. Accordingly, the application is allowed. Rule is made absolute accordingly.
(MS. SONIA GOKANI, J. ) SUDHIR
