Gujarat High Court
Hurabi Rasulbhai W/O Sattarbhai (Died ... vs Firdaus Usman Pathan on 21 November, 2025
NEUTRAL CITATION
C/CA/4221/2025 ORDER DATED: 21/11/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 4221 of
2025
In F/SECOND APPEAL NO. 25030 of 2025
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HURABI RASULBHAI W/O SATTARBHAI (DIED ON 15.11.2024) & ORS.
Versus
FIRDAUS USMAN PATHAN & ANR.
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Appearance:
MR KASHYAP R JOSHI(2133) for the Applicant(s) No. 1,2,3
NOTICE SERVED for the Respondent(s) No. 1,2
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CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI
Date : 21/11/2025
ORAL ORDER
1. Though served, none appears for the respondents.
2. Heard learned advocate Mr. Joshi for the applicants. By
way of present application under section 5 of the Limitation Act,
the applicants seeks to condone delay of 687 days in preferring
Second Appeal against the judgment and decree passed in
Regular Civil Appeal No.2 of 2021 dated 19.06.2023 and
20.06.2023 respectively and also judgment and decree dated
13.03.2021 passed by learned Trial Court in Regular Civil suit
No.10 of 2017.
3. Grounds upon which delay of 687 days is caused is that
applicants are peasant and living near border near of Gujarat
practically in State of Maharashtra. They are illiterate persons.
They were in search of opinion from legal luminaries whether to
file Second Appeal or not. Meanwhile, mother - Hurabi Rasul
w/o. Sarrarbhai expired on 15.11.2024 and due to such serious
incident happened in the family, the applicants could not pay
NEUTRAL CITATION
C/CA/4221/2025 ORDER DATED: 21/11/2025
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attention all these years in any other work. The applicants being
persons from middle class did not know intricacy of law.
Therefore, delay of 687 days is caused in preferring Second
Appeal.
4. Learned advocate for the applicants relied on judgment in
the case of State of Gujarat v/s. Arunkumar Sukhdevbhai
Trivedi [2024 JX (Guj) 821], whereby, this Court after referring
various judgment has observed that there is no straight jacket
formula or acid test can be applied for deciding application for
condonation of delay. the explanation if does not smack of mala
fide or it is not put forth as a dilatory tactics, the Court must
show consideration to the aspect.
5. In the present case, though respondents are served, did
not appear to say that explanation tendered by applicants
suffers from mala fide or dilatory tactics.
6. In view of above, taking pragmatic view, this Court deem it
fit to condone delay. Delay of 687 days though is long, but in
view of explanation tendered by the applicants does not found to
be colossal delay and with mala fide. Apt to note that expression
'sufficient cause; used in Limitation Act is adequately elastic to
enable the Court to apply law in its meaningful purpose.
7. In the factual milieu of aforesaid aspects and explanation,
delay caused in preferring Second Appeal is condoned.
8. The Civil Application is allowed subject to payment of cost
of Rs.2,000/- before City and District Law Library, City Civil
NEUTRAL CITATION
C/CA/4221/2025 ORDER DATED: 21/11/2025
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Court, Ahmedabad within 15 days from today. Receipt of deposit
of amount shall be placed on record.
(J. C. DOSHI,J)
SATISH
