State Of Gujarat vs Makansingh Ganeshsingh Chauhan
2021 Latest Caselaw 385 Guj

        C/CA/3905/2019                                 ORDER




         IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                R/CIVIL APPLICATION NO. 3905 of 2019

          In F/LETTERS PATENT APPEAL NO. 36215 of 2019

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                       STATE OF GUJARAT
                             Versus
               MAKANSINGH GANESHSINGH CHAUHAN
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Appearance:
MR JAYNEEL PARIKH, ASST. GOVERNMENT PLEADER(1) for the
Applicant(s) No. 1,2,3
for the Respondent(s) No. 1
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 CORAM: HONOURABLE MS. JUSTICE SONIA GOKANI
        and
        HONOURABLE MS. JUSTICE SANGEETA K. VISHEN

                          Date : 12/01/2021

                        ORAL ORDER

(PER : HONOURABLE MS. JUSTICE SONIA GOKANI)

1. This is an application under Section 5 of the Limitation Act

for condonation of delay of 139 days in preferring the appeal.

The judgment and order which is impugned is of dated

15.04.2019.

2. It is explained chronologically as to why the delay has been

caused in preferring this appeal. The thrust of the same is that

administrative delay at some stages had resulted into the State

preferring appeal belatedly. The initial opinion from the office of

Government Pleader dated 07.05.2019 was forwarded to the

C/CA/3905/2019 ORDER

head of the department of the applicant no.2.. Such proposal

was then forwarded to the applicant no.1. The further opinion of

the office of Government Pleader as per the Law Officer's Rules

also was sought for preferring such appeal.

3. It is urged that the aforesaid and other administrative

reasons have left to the delay which has not condoned,

frustrated the cause.

4. This Court has issued rule on 02.11.2020. While issuing

rule, the Court also noted that Misc. Civil Applications are

pending where the cheques have already been deposited with the

Registry.

5. Today, the Court has heard learned Assistant Government

Pleader appearing for the applicant and learned advocate

appearing for the respondent who have argued in support of

their respective stands.

6. Noticing the fact that group of such matters raising

identical question of law are pending for adjudication and on

being satisfied with the explanation given in preferring this

application for condonation of delay, the request is being

acceded to by condoning the delay of 139 days.

C/CA/3905/2019 ORDER

7. The Civil Application stands allowed. Rule is made

absolute, accordingly.

8. Let the Letters Patent Appeal be numbered and listed on

01.02.2021.

(SONIA GOKANI, J)

(SANGEETA K. VISHEN,J) Bhoomi