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2025 Supreme(Online)(Guj) 12836
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
A.Y. Kogje, J. L. Odedra, JJ
Dipakbhai Bhagchandbhai Khatri – Appellant
Versus
Dhuliben D/o Nanjibhai Mithaji – Respondent
CIVIL APPLICATION (FOR BRINGING HEIRS) NO. 2 of 2025 | CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 3 of 2025 | R/FIRST APPEAL NO. 164 of 2025
For the Appellants/Petitioners: Shegun B Chokshi, SP Majmudar
The court exercised its discretion under Section 5 of the Limitation Act to condone a delay of 574 days for bringing legal heirs on record, ruling that the delay was not inordinate and was supported by sufficient cause.
Headnote:The applicants sought condonation of a delay of 574 days under Section 5 of the Limitation Act for filing an application to bring the legal heirs of the original respondent No. 5 on record, following the respondent's demise on September 23, 2023. The court found that sufficient cause was established in the application and the delay was not inordinate given the facts involved. The court framed the issue around whether 'sufficient cause' existed to condone the delay. Relying on the principle that the approach of courts toward condonation of delay should be liberal to ensure justice, the court observed that the delay was sufficiently explained. The application for condonation of delay was allowed, and the application for bringing legal heirs on record was granted.
| Table of Content |
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| 1. substitution of deceased party with legal heirs on record. (Para 1 , 2 , 3) |
| 2. condonation of delay based on sufficient cause under section 5 of the limitation act. (Para 4 , 5 , 6 , 7) |
IA ORDER
(PER : HONOURABLE MR. JUSTICE A.Y. KOGJE)
ORDER IN CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 3 of 2025
1. Though served, none has appeared.
2. This application is filed by the applicants under Section 5 of the Limitation Act for condoning the delay of 574 days in preferring the Civil Application for bringing legal heirs of original respondent No.5 on record of present First Appeal No.164 of 2025.
3. Learned advocate has drawn attention of this Court to the contents of para-2 to 4 of the application, wherein sufficient cause has been made out to condone the delay. Therefore, it is requested to condone the delay.
4. Considering the aforesaid, particularly, period of 574 days of delay, the Court is of the view that considering the facts involved in the case, delay cannot be treated as inordinate.
5. Considering the submissions and the contents of the para mentioned hereinabove, the delay is also explained sufficiently.
6. A reference in this regard may be made to the judgment of the Supreme Court in case of Sheo Raj Singh (Deceased) through Legal Representatives and others vs/. Union of India and Another, reported in, (2023) 10 SCC 531, wherein the term “Sufficient Cause” was interpreted and the approach of Courts while deciding application for condonation of delay was discussed.
7. In view of the aforesaid, the application is allowed. The delay of 574 days caused in preferring the Civil Application for legal heirs of original respondent No.5 on record of present First Appeal No.164 of 2025 is hereby condoned. Rule is made absolute to the aforesaid extent. Registry is directed to list the main appeal in due course.
ORDER IN CIVIL APPLICATION (FOR BRINGING HEIRS) NO. 2 of 2025
1. This application is filed by the applicants for bringing legal heir and representative of original respondent No.5 – Jashubhai Nanjibhai, who expired on 23.9.2023.
2. It is submitted that original respondent No.5 – Jashubhai Nanjibhai, who expired on 23.9.2023 and therefore, the present application is preferred for bringing legal heirs.
3. Considering the averments made in the application, present application is allowed. The legal heirs of original respondent No.5 – Jashubhai Nanjibhai are hereby ordered to be brought on record. The Registry is directed to amend the cause-title of First Appeal accordingly.
