Laljibhai Punjabhai Dulera vs Sonu Yasin
2025 Latest Caselaw 778 Guj

Gujarat High Court

Laljibhai Punjabhai Dulera vs Sonu Yasin on 10 July, 2025

                                                                                                           NEUTRAL CITATION




                               C/CA/3565/2025                             ORDER DATED: 10/07/2025

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                           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                       R/CIVIL APPLICATION (FOR CONDONATION OF DELAY)
                                        NO. 3565 of 2025
                                              In
                                F/FIRST APPEAL NO. 13413 of 2024

                       ======================================
                             LALJIBHAI PUNJABHAI DULERA & ANR.
                                           Versus
                                     SONU YASIN & ANR.
                       ======================================
                       Appearance:
                       MS AMRITA AJMERA(5204) for the Applicant(s) No. 1,2
                       ======================================

                       CORAM: HONOURABLE MS. JUSTICE NISHA M. THAKORE

                                                      Date : 10/07/2025

                                                       ORAL ORDER

Heard Ms. Ajmera, learned advocate for the applicants - original claimants.

Considering the number of days involved, the present application is taken-up for hearing in absence of the respondents.

The present application is filed under Section 5 of the Limitation Act, read with Section 173 of the Motor Vehicles Act, 1988 seeking condonation of delay caused in preferring the appeal.

Learned advocate for the applicant mainly referred and relied upon the averments made in the application and has

NEUTRAL CITATION

C/CA/3565/2025 ORDER DATED: 10/07/2025

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submitted that since the applicants were not aware about the legal intricacies involved and were unable to manage the funds for the legal expenses to be incurred for preferring the appeal, the time was consumed in preferring the appeal and delay of 36 days crept in unintentionally. From the record, it transpires that though the impugned judgment and award is of the year 2023 and the appeal was presented with delay condonation application, however, the same was dismissed for default on the ground of non-deposit of Court fees. She has therefore urged this Court to condone the delay by taking liberal approach.

Considering the submissions made by the learned advocate in light of the averments made in the application, noticing the fact that the applicants are the heirs and legal representatives of the deceased, who has expired in the motor vehicle accident and they intends to present their case for enhancement of the amount of compensation, looking to the benevolent piece of legislation, this Court is inclined to take liberal approach. The explanation offered is considered to be sufficient cause to consider their prayer for condonation of delay. Hence, the present application stands allowed. The delay of 36 days caused in preferring the captioned appeal is hereby condoned.

(NISHA M. THAKORE, J.) AMAR RATHOD...