Case Note & Summary
The petitioner, Ramanbhai Khalbhai Rathod, filed a Special Civil Application under Article 227 of the Constitution of India before the Gujarat High Court challenging two orders: (1) the order dated 24.2.2025 passed by the learned 3rd Additional District Court, Valsad @ Vapi in Civil Misc. Application (Condonation of Delay) No.22 of 2024, and (2) the order dated 18.1.2024 passed by the learned 4th Additional District Court, Valsad @ Vapi in Regular Civil Appeal No.40 of 2020. The background is that the petitioner had filed Regular Civil Appeal No.40 of 2020 (Old No.14 of 2010) against a judgment and decree dated 13th May, 2010, by which the learned Principal Civil Judge, Pardi had rejected his suit. The appeal was dismissed for default on 18.1.2024 because the petitioner's advocate did not remain present. The petitioner then filed an application to set aside the ex parte order along with an application for condonation of delay of 112 days. The learned District Court rejected the condonation application on the ground that the reasons assigned were not sufficient. The petitioner contended that the delay was due to the advocate's absence and that he had a good case on merits. The High Court observed that the Coordinate Bench had directed the petitioner to deposit Rs.10,000 as cost, which was already deposited. The Court held that the approach of the lower court was hyper-technical and that the delay of 112 days was not inordinate. The Court set aside the impugned orders and restored the appeal to its original number, directing the learned District Court to decide the appeal on merits within six months. The Court also directed that the cost of Rs.10,000 deposited by the petitioner be paid to the respondent.
Headnote
A) Civil Procedure - Condonation of Delay - Sufficient Cause - Section 5 of the Limitation Act, 1963 - The petitioner's appeal was dismissed for default due to non-appearance of counsel; delay of 112 days in filing restoration application was condoned by the High Court, holding that courts should adopt a liberal approach and not reject applications on hyper-technical grounds when delay is not inordinate and no malafides are shown. (Paras 1-6)
Issue of Consideration
Whether the learned District Court erred in rejecting the application for condonation of delay of 112 days in filing the application to set aside the ex parte dismissal of the appeal, by adopting a hyper-technical approach.
Final Decision
The High Court allowed the petition, set aside the impugned orders dated 24.2.2025 and 18.1.2024, and restored Regular Civil Appeal No.40 of 2020 to its original number. The learned District Court was directed to decide the appeal on merits within six months. The cost of Rs.10,000 deposited by the petitioner was directed to be paid to the respondent.
Law Points
- Condonation of delay
- liberal approach
- sufficient cause
- hyper-technical approach
- interest of justice
- Article 227 of the Constitution of India
