Gujarat High Court
Ravjibhai Rupsinh Thakor Deleted ... vs Usmanbhai Abdulbhai Vora on 30 June, 2022
Bench: Gita Gopi
C/CA/544/2022 ORDER DATED: 30/06/2022
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CIVIL APPLICATION NO. 544 of 2022
In F/FIRST APPEAL NO. 4513 of 2022
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RAVJIBHAI RUPSINH THAKOR DELETED AS EXPIRED
Versus
USMANBHAI ABDULBHAI VORA
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Appearance:
MR.HIREN M MODI(3732) for the Applicant(s) No. 1,2,3
for the Respondent(s) No. 1,2,3,4,5
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CORAM:HONOURABLE MS. JUSTICE GITA GOPI
Date : 30/06/2022
ORAL ORDER
1. This application has been filed by the applicants
praying for condonation of delay of 796 days occurred
in filing of the above First Appeal.
2. It is submitted by learned advocate for the applicants
that on the death of the son, the claim petition was
preferred and thereafter, the father too died and widow
mother with son was only left to take care of the court
fees and legal expenses and being from lower strata of
the society, the applicants could not make timely
arrangement and could not contact advocate in time.
Thus, there is a delay of 796 days which may be
condoned in the interest of justice. Learned advocate
further submits that the claimants are ready and
willing to forgo interest if at all compensation is
C/CA/544/2022 ORDER DATED: 30/06/2022
granted.
3. 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 meaningful 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 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 condoned 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
C/CA/544/2022 ORDER DATED: 30/06/2022
injustice being done because of a non-deliberate delay.
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."
4. Considering the submissions advanced and in view of
the facts and circumstances of the case and the ratio
laid down in the above judgment, the present
application is allowed and the delay of 796 days
caused in filing of the First Appeal is condoned. It is
directed that interest qua the delayed period shall not
be granted on the compensation that may be
ultimately granted in favour of the claimants.
(GITA GOPI,J)
H.M. PATHAN
