Case Note & Summary
The State of Gujarat and others filed an intra-court appeal against an order dated 23.06.2023 passed by a writ court in Special Civil Application No. 178 of 2018. The appeal was accompanied by a delay condonation application seeking condonation of 793 days of delay. The initial affidavit dated 02.09.2025 did not provide a proper explanation. The court granted time to file a better affidavit. In the additional affidavit filed on 09.03.2026, the deponent (Mamlatdar, Radhanpur) stated that the oral order was uploaded on 25.10.2023, the final writ was dispatched on 30.11.2023 and received on 08.12.2023. The Revenue Department issued instructions on 14.12.2023, and the Mamlatdar addressed a communication to the Collector on 15.01.2024, followed by a formal communication to the Government Pleader on 02.02.2024. However, the court found that the explanation did not cover the entire period of delay and was not satisfactory. The court dismissed the delay condonation application and consequently the appeal.
Headnote
A) Condonation of Delay - Sufficient Cause - Section 5 of Limitation Act, 1963 - Unexplained Delay - The State filed an intra-court appeal with a delay of 793 days. The explanation offered in the initial affidavit was found insufficient. Despite being granted time to file a better affidavit, the additional affidavit did not provide a proper explanation for the entire period of delay. The court held that the delay cannot be condoned as no sufficient cause was shown. (Paras 1-2)
Issue of Consideration
Whether the delay of 793 days in filing the intra-court appeal should be condoned when the explanation offered is insufficient and lacks proper justification.
Final Decision
The Civil Application (for Condonation of Delay) is dismissed. Consequently, the F/Letters Patent Appeal No. 30159 of 2025 and the Civil Application (for Stay) No. 1 of 2025 are also dismissed.
Law Points
- Condonation of delay
- Sufficient cause
- Unexplained delay
- Discretion of court
- Limitation Act
- 1963 Section 5
Case Details
2026 LawText (GUJ) (03) 823
R/Civil Application (For Condonation of Delay) No. 5222 of 2025 in F/Letters Patent Appeal/30159/2025 in R/Special Civil Application/178/2018
Government Pleader for Applicant(s) No. 1,2,3,4; Mr. Divyang A Ramani for Respondent(s) No. 2.1,2.2,2.3,2.4,2.5
Gadhvi Mahadan Shivdan & Ors.
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Nature of Litigation
Civil application for condonation of delay in filing intra-court appeal against writ court order.
Remedy Sought
The applicants (State of Gujarat & Ors.) sought condonation of 793 days delay in filing the intra-court appeal.
Filing Reason
The appeal was delayed by 793 days; the applicants sought condonation of delay.
Previous Decisions
The writ court passed an oral order on 23.06.2023 in Special Civil Application No. 178 of 2018.
Issues
Whether the delay of 793 days in filing the intra-court appeal should be condoned.
Submissions/Arguments
The applicants argued that the delay occurred due to administrative procedures: the order was uploaded on 25.10.2023, dispatched on 30.11.2023, received on 08.12.2023, and thereafter communications were made for filing the appeal.
Ratio Decidendi
The court held that no sufficient cause was shown for the delay of 793 days. The explanation offered did not cover the entire period and was not satisfactory. Therefore, the delay cannot be condoned.
Judgment Excerpts
This intra-court appeal is delayed by 793 days for which no proper explanation was offered in the delay condonation application filed alongwith an affidavit dated 02.09.2025.
In the affidavit filed today in support of the delay condonation application, it is stated that the oral order dated 23.06.2023 came to be uploaded on the web-site of the Gujarat High Court on 25.10.2023...
Procedural History
The writ court passed an order on 23.06.2023 in Special Civil Application No. 178 of 2018. The State filed an intra-court appeal with a delay of 793 days, along with a delay condonation application. The court granted time to file a better affidavit. After considering the additional affidavit, the court dismissed the delay condonation application and the appeal.
Acts & Sections
- Limitation Act, 1963: Section 5
