Gujarat High Court
The State Of Gujarat vs Jayendrasinh Udaysinh Jadeja on 24 June, 2024
NEUTRAL CITATION
C/CA/2031/2023 ORDER DATED: 24/06/2024
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 2031 of
2023
In F/FIRST APPEAL NO. 31832 of 2023
With
R/CIVIL APPLICATION NO. 2034 of 2023
In
F/FIRST APPEAL NO. 31788 of 2023
With
R/CIVIL APPLICATION NO. 2035 of 2023
In
F/FIRST APPEAL NO. 31856 of 2023
With
R/CIVIL APPLICATION NO. 2049 of 2023
In
F/FIRST APPEAL NO. 31839 of 2023
With
R/CIVIL APPLICATION NO. 2066 of 2023
In
F/FIRST APPEAL NO. 31842 of 2023
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THE STATE OF GUJARAT & ORS.
Versus
JAYENDRASINH UDAYSINH JADEJA & ORS.
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Appearance:
MR ADITYA DAVDA, AGP for the Applicant(s) No. 1,2,3
RULE UNSERVED for the Respondent(s) No. 1,2,3,4
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CORAM:HONOURABLE MR. JUSTICE DEVAN M. DESAI
Date : 24/06/2024
COMMON ORAL ORDER
. Learned advocate Mr. Kalrav R. Patel submits that he
has instructions to appear for and on behalf of
respondents in all these applications. He is permitted to
file his appearance in the Registry. The Registry is
directed to accept his appearance.
NEUTRAL CITATION
C/CA/2031/2023 ORDER DATED: 24/06/2024
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1. By way of present Civil Applications filed under
Section 5 of the Limitation Act, 1963 the applicants have
prayed to condone delay of 1204 days caused in
preferring captioned First Appeals on the reasons stated in
the applications.
2. Learned AGP for the applicants would submit that the
present applicant is a State authority and the delay is
caused due to administrative process which resulted into
bureaucratic delay. Learned AGP has relied on the
decision of the Hon'ble Apex Court in the case of
Collector, Land Acquisition, Anantnag and Anr. Vs.
Mrs. Katji and Ors. reported in AIR 1987 SC 1353.
3. Learned advocate for the respondents while opposing
this application, would submit that delay is not sufficiently
explained and therefore, present application may be
dismissed.
NEUTRAL CITATION
C/CA/2031/2023 ORDER DATED: 24/06/2024
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4. Heard the learned advocates for the respective
parties and perused the documents on record and also
perused the decisions of the Hon'ble Apex Court in case of
Collector, Land Acquisition, Anantnag and Anr. Vs.
Mrs. Katji and Ors. reported in AIR 1987 SC 1353,
wherein the Hon'ble Apex Court has observed as under:-
"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.
NEUTRAL CITATION
C/CA/2031/2023 ORDER DATED: 24/06/2024
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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."
5. Applying the ratio of aforestated judgment in
background of the facts of the present case as well as
considering the law laid down by the Hon'ble Apex
Court in case of Collector, Land Acquisition,
NEUTRAL CITATION
C/CA/2031/2023 ORDER DATED: 24/06/2024
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Anantnag (Supra), the application seeking condonation
of delay deserves consideration.
6. In the result, present Civil Applications are allowed
and delay caused in preferring captioned First Appeals is
hereby condoned. Rule is made absolute. No order as to
costs.
7. The Registry is directed to keep copy of this order in
all the connected matters.
(D. M. DESAI,J)
VATSAL
