Gujarat High Court
Ajaybhai Devshankar Shukla, Lh Of Decd ... vs Lh Of Decd Jagdishchandra Ambalal ... on 7 July, 2025
NEUTRAL CITATION
C/CA/1561/2025 ORDER DATED: 07/07/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 1561 of
2025
In F/FIRST APPEAL NO. 7646 of 2025
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AJAYBHAI DEVSHANKAR SHUKLA, LH OF DECD DEVSHANKAR
AMBALAL SHUKLA
Versus
LH OF DECD JAGDISHCHANDRA AMBALAL SHUKLA & ORS.
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Appearance:
MR ARPIT P PATEL(5497) for the Applicant(s) No. 1
DS AFF.NOT FILED (R) for the Respondent(s) No. 1.1,1.2,1.3,2.1,2.2
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CORAM:HONOURABLE MR. JUSTICE DEVAN M. DESAI
Date : 07/07/2025
ORAL ORDER
1. This application is filed under Section 5 of the Limitation Act, 1963 for condonation of delay of 1075 days caused in filing leave to appeal application.
2. Heard learned advocate Mr.Arpit Patel for the applicant and learned advocate Mr.D.K.Puj for respondent Nos.1.1 to 1.3. Though served, none appeared for respondent Nos.2.1 and 2.2.
3. Learned advocate for the applicant has submitted that the applicant has challenged the impugned judgment and decree dated 03.02.2022 passed by the learned Page 1 of 4 Uploaded by MANOJ KUMAR(HC01092) on Thu Jul 10 2025 Downloaded on : Thu Jul 10 21:36:16 IST 2025 NEUTRAL CITATION C/CA/1561/2025 ORDER DATED: 07/07/2025 undefined Additional City Civil Court No.28, Ahmedabad in Civil Suit No.444 of 2015 by way of leave to appeal. The present applicant is the legal heir and representative of the deceased - defendant, who passed away on 26.04.2020. Since the plaintiff and defendant being the reals brothers, plaintiff did not bring the legal heirs and representatives of deceased-defendant on recorded and proceeded with the suit. The learned trial Court decreed the suit ex-parte. When the execution petition came to be filed by original plaintiff, applicant came to know about the passing of the decree, thereafter an application under Order IX Rule 13 came to be filed with an application for condonation of delay. The application for condonation of delay was granted. However, an application under Order IX Rule 13 of the Civil Procedure Code came to be rejected.
It is further submitted that since the applicant was not aware about the proceedings initiated against the deceased - defendant, upon death of his father, necessary application could not be filed. The applicant has good case both on law as well as facts. There is no intentional delay on the part of the applicant in challenging the impugned Page 2 of 4 Uploaded by MANOJ KUMAR(HC01092) on Thu Jul 10 2025 Downloaded on : Thu Jul 10 21:36:16 IST 2025 NEUTRAL CITATION C/CA/1561/2025 ORDER DATED: 07/07/2025 undefined judgment and decree.
4. Per contra, learned advocate for the respondents has objected for granting the application and submitted that no sufficient cause is made out for condoning the delay. It is further submitted that the summons of the suit was received by the applicant in the year 2015, and therefore, no knowledge on the part of applicant is not a convincing ground for condoning the delay.
5. Be that as it may, it appears that the suit has proceeded ex-parte and during the pendency of suit, defendant has expired. However, the legal heirs of the deceased - defendant who was real brother of plaintiff were not brought on record by plaintiff. The reasons assigned in the application state that the applicant pursued the proceedings initiated under Order IX Rule 13 of the Civil Procedure Code and once the application under Order IX Rule 13 of the Code came to be rejected, an application for leave to appeal came to be filed alongwith the present application for condoning the delay. Though, the delay period of 1075 days which is a huge period of delay. However, to meet the ends of justice, the application can Page 3 of 4 Uploaded by MANOJ KUMAR(HC01092) on Thu Jul 10 2025 Downloaded on : Thu Jul 10 21:36:16 IST 2025 NEUTRAL CITATION C/CA/1561/2025 ORDER DATED: 07/07/2025 undefined be allowed subject to the cost of Rs.15,000/- to be deposited by the applicant before the District & Law Library, City Civil & Sessions Court, Ahmedabad. On depositing the said amount within a period of two weeks from the receipt of the copy of this order, the delay shall be condoned.
6. The application is allowed. Rule is made absolute to the aforesaid extent.
(D. M. DESAI,J) MANOJ Page 4 of 4 Uploaded by MANOJ KUMAR(HC01092) on Thu Jul 10 2025 Downloaded on : Thu Jul 10 21:36:16 IST 2025