Narendrabhai Vastabhai Leuva vs Parulben W/O Narendrabhai Leuva
2025 Latest Caselaw 1179 Guj

Gujarat High Court

Narendrabhai Vastabhai Leuva vs Parulben W/O Narendrabhai Leuva on 21 July, 2025

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                           R/CR.MA/22216/2024                                 ORDER DATED: 21/07/2025

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                                   IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                       R/CRIMINAL MISC.APPLICATION (FOR CONDONATION OF DELAY) NO.
                                               22216 of 2024

                                  In F/CRIMINAL MISC.APPLICATION NO. 36020 of 2024

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                                          NARENDRABHAI VASTABHAI LEUVA
                                                      Versus
                                      PARULBEN W/O NARENDRABHAI LEUVA & ORS.
                      ==========================================================
                      Appearance:
                      MR YOGESH G KANADE(3114) for the Applicant(s) No. 1
                      MR PV PATADIYA(5924) for the Respondent(s) No. 1
                      NOTICE SERVED for the Respondent(s) No. 2
                      MR. H K PATEL APP for the Respondent(s) No. 3
                      ==========================================================

                        CORAM:HONOURABLE MR.JUSTICE L. S. PIRZADA

                                                          Date : 21/07/2025

                                                            ORAL ORDER

1. Rule. The learned A.P.P. waives service of Rule for the

respondent - State.

2. The present application has been preferred by the

present applicant for condonation of delay of 600 days in

preferring the restoration application of Criminal Revision

Application No.2546 of 2020. It is further submitted by him

that earlier, the Court has passed an order to remove office

objection and within prescribed time limit, the office objection

has not been removed. Hence, the revision was dismissed for

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R/CR.MA/22216/2024 ORDER DATED: 21/07/2025

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default. Further, it is submitted by him that the delay has

been caused because office objection was not removed

without reference to the Court and the same has been

dismissed. So, the delay caused in preferring the restoration

application may be condoned.

3. On the other hand, Learned advocate for the respondent

no.1 vehemently opposed the present application and

submitted that the delay of 600 days is inordinate and no

sufficient explanation and cause has been shown, hence,

grounds stated in the present application for condoning the

delay are not satisfactory and, therefore, delay may not be

condoned.

4. Heard the submissions made by the learned advocates

for respective parties. As pe the catena of the judgment of the

Hon'ble Apex Court, if the technicality has been treated

against the substantial justice, then Court has to give

preference to the substantial justice. Considering the

averments made in the present application, the grounds

stated in the present application for condoning the delay are

found to be genuine and satisfactory to this Court. Hence, the

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R/CR.MA/22216/2024 ORDER DATED: 21/07/2025

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present application deserves consideration.

5. Accordingly, present application is allowed. Delay of

600 days caused in preferring the restoration application of

Criminal Revision Application No.2546 of 2020 is hereby

condoned. Rule is made absolute to the aforesaid extent.

(L. S. PIRZADA, J) JCP