Gujarat High Court
Sabirhusain Murtujamiya Malek vs Yusufbhai Sumarbhai Sappa on 19 February, 2024
Author: Gita Gopi
Bench: Gita Gopi
NEUTRAL CITATION
C/CA/854/2024 ORDER DATED: 19/02/2024
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 854 of
2024
In
F/FIRST APPEAL NO. 4212 of 2024
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SABIRHUSAIN MURTUJAMIYA MALEK & ANR.SABIRHUSAIN
MURTUJAMIYA MALEK
Versus
YUSUFBHAI SUMARBHAI SAPPAYUSUFBHAI SUMARBHAI SAPPA &
ORS.
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Appearance:
NISHIT A BHALODI(9597) for the Applicant(s) No. 1,2
for the Respondent(s) No. 1,2,3,4
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CORAM:HONOURABLE MS. JUSTICE GITA GOPI
Date : 19/02/2024
ORAL ORDER
1. This Application has been filed praying for
condonation of delay of 647 days in filing of the
above First Appeal.
2. It is submitted that the family could not make
arrangements for payment of Court fees and other
expenses and also could not receive the legal advice
in time and all these factors have contributed to the
above delay. It is further submitted that the
claimants are ready and willing to waive the interest
part for the delayed period.
NEUTRAL CITATION
C/CA/854/2024 ORDER DATED: 19/02/2024
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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 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
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.
NEUTRAL CITATION
C/CA/854/2024 ORDER DATED: 19/02/2024
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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.
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 647 days in
filing of the First Appeal is condoned.
5. Each and every delay is not required to be explained
but it is required that the matters are decided on
merits. Though the delay may not be deliberate but
the delay causes unnecessary burden on the Insurance
Company to pay the interest. The grounds shown
are sufficient for condonation of delay, however, the
applicants will not be entitled for the interest for the
NEUTRAL CITATION
C/CA/854/2024 ORDER DATED: 19/02/2024
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delayed period, if at all the compensation amount
comes to be enhanced.
Sd/-
(GITA GOPI, J)
CAROLINE
