Gujarat High Court
Gunvantiben Wd/O Baxibhai Vasava vs Dy. Conservator Of Forest on 18 August, 2022
Bench: Gita Gopi
C/CA/1568/2022 ORDER DATED: 18/08/2022
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CIVIL APPLICATION NO. 1568 of 2022
In
F/FIRST APPEAL NO. 29637 of 2020
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GUNVANTIBEN WD/O BAXIBHAI VASAVA
Versus
DY. CONSERVATOR OF FOREST
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Appearance:
MR. SABIR B SAIYYAD(6322) for the Applicant(s) No. 1,2
MS MEGHA CHITALIYA AGP for Respondent No.1
for the Respondent(s) No. 2,3,4,5
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CORAM:HONOURABLE MS. JUSTICE GITA GOPI
Date : 18/08/2022
ORAL ORDER
1. The present application has been filed for
condonation of delay of 346 days caused in filing the First
Appeal.
2. Learned advocate for the applicants states that,
delay has occurred after receiving the information about the
judgment and award. The applicants had approached the
Advocate and thereafter on seeking the guidance had tried to
approach the present Advocate, and thereafter because of
paucity of fund too could not make arrangement to bear the
C/CA/1568/2022 ORDER DATED: 18/08/2022
expenses, and further pandemic had added to delay; thus 346
days delay occurred in preferring the appeal.
3. Opposing to the grant of application, Ms. Megha
Chitaliya,, learned AGP for the respondent no.1, submits that
the cause of delay, occurred in preferring the First Appeal,
has not been sufficiently explained and therefore the present
application may be rejected.
4. In the case of Collector, Land Acquisition,
Anantnag and Another v. Mst. Katiji and Others reported
in AIR 1987 SC 1353 it has been observed as under :-
"3. The legislature has conferred the power to
condone delay by enacting Section 5 of the
Indian Limitation Act of 1963 in order to
enable the Courts to do substantial justice to
parties by disposing of matters on 'merits'. The
expression "sufficient cause" employed by the
legislature is adequately elastic to enable the
courts to apply the law in a meaning- ful
manner which subserves the ends of justice--
that being the life-purpose for the existence of
the institution of Courts. It is common
knowledge that this Court has been making a
justifiably liberal approach in matters
C/CA/1568/2022 ORDER DATED: 18/08/2022
instituted in this Court. But the message does
not appear to have percolated down to all the
other Courts in the hierarchy. And such a
liberal approach is adopted on principle as it is
realized that:-
1. Ordinarily a litigant does not stand to
benefit by lodging an appeal late.
2. Refusing to condone delay can result in a
meritorious matter being thrown out at the
very threshold and cause of justice being
defeated. As against this when delay is con-
doned the highest that can happen is that a
cause would be decided on merits after
hearing the parties.
3. "Every day's delay must be explained" does
not mean that a pedantic approach should be
made. Why not every hour's delay, every
second's delay? The doctrine must be applied
in a rational common sense pragmatic manner.
4. When substantial justice and technical
considerations are pitted against each other,
cause of substantial justice deserves to be
preferred for the other side cannot claim to
have vested right in injustice being done
because of a non-deliberate delay.
C/CA/1568/2022 ORDER DATED: 18/08/2022
5. There is no presumption that delay is
occasioned deliberately, or on account of
culpable negligence, or on account of mala
fides. A litigant does not stand to benefit by
resorting to delay. In fact he runs a serious
risk.
6. It must be grasped that judiciary is
respected not on account of its power to
legalize injustice on technical grounds but
because it is capable of removing injustice and
is expected to do so."
5. Considering the averments made in the application
and as the delay is sufficiently explained and in view of the
facts and circumstances of the case, the delay of 346 days
caused in filing the First Appeal is condoned. The application
is allowed.
(GITA GOPI, J.)
Pankaj
