Gujarat High Court
Ajitbhai @ Nartambhai Kachhiyabhai ... vs Champakbhai Maghabhai Chaudhari ... on 23 September, 2025
NEUTRAL CITATION
C/CA/4882/2025 ORDER DATED: 23/09/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 4882
of 2025
In F/FIRST APPEAL NO. 26961 of 2025
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AJITBHAI @ NARTAMBHAI KACHHIYABHAI CHAUDHARI
Versus
CHAMPAKBHAI MAGHABHAI CHAUDHARI (DECD) & ORS.
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Appearance:
MR.HIREN M MODI(3732) for the Applicant(s) No. 1
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CORAM:HONOURABLE MR.JUSTICE MOOL CHAND TYAGI
Date : 23/09/2025
ORAL ORDER
1. The present application has been preferred for seeking
condonation of delay of 474 days caused in preferring the appeal
against the impugned judgment and award.
2. Heard learned advocate for the applicant.
3. Learned advocate for the applicant submitted that the
accident in question, the leg of the applicant was amputated. He
further submitted that the Insurance Company has not
deposited the awarded amount in time. Therefore, the applicant
could not arrange the finance to meet the expense of court fees
and other expenses involved in preferring the appeal. He further
submitted that the delay is neither intentional nor malafide. But
NEUTRAL CITATION
C/CA/4882/2025 ORDER DATED: 23/09/2025
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has occasioned owing to the reasons of the poverty of the
applicant. He further submitted that the applicant shall not
claim any interest for the belated period if the appeal for
enhancement is allowed.
4. Having considered the submissions of learned advocate for
the parties and having regard to the ground pressed into service
by the learned advocate for the applicant, I am of the considered
view that the delay has been sufficiently explained.
5. At this juncture, it would be profitable to refer the
judgment of the Hon'ble Supreme Court rendered in the case of
Collector, Land Acquisition, Anantnag & Anr. v. MST. Katiji
& Ors. [AIR 1987 SC 1353], wherein the Hon'ble Supreme
Court has laid down the guidelines to consider the application
for condonation of delay and the same are reproduced
hereinunder:-
"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.
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.
NEUTRAL CITATION
C/CA/4882/2025 ORDER DATED: 23/09/2025
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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."
6. Having considered the facts and circumstances of the case
and the law laid down by the Hon'ble Supreme Court in the case
of Collector, Land Acquisition, Anantnag (supra), it would be
in the interest of justice if the delay is condoned subject to the
condition that the applicant shall not be entitled for interest on
the enhanced compensation for the delayed period, if the appeal
for enhancement is allowed.
7. Accordingly, in view of the above direction, the application
deserves to be allowed and accordingly, the delay is condoned.
No order as to costs.
(MOOL CHAND TYAGI, J)
CDP
