Case Note & Summary
The State of Gujarat filed a Letters Patent Appeal against an order in Special Civil Application No. 1915 of 2024. The appeal was initially dismissed for non-removal of office objections on 23.12.2024. The State filed a recall application with a delay of 217 days, which was condoned on 14.10.2025. However, when the matter came up for hearing on 30.03.2026, the State's counsel was not present. The Court noted that the appeal had been pending for over a year and that the State had not shown sufficient cause for its non-appearance. The Court dismissed the recall application, observing that an undertaking given by the counsel was not enough to recall the order. The Court also noted that the appeal had been dismissed for non-prosecution and that no sufficient cause was shown to revive it.
Headnote
A) Civil Procedure - Condonation of Delay - Recall of Order - Delay of 217 days in filing recall application condoned as explanation found satisfactory - However, recall application dismissed as no sufficient cause shown for non-appearance on earlier date - Undertaking given by counsel not sufficient to recall order - Held that recall application cannot be allowed merely on undertaking (Paras 1-6).
Issue of Consideration
Whether the delay in filing the recall application should be condoned and whether the order dismissing the Letters Patent Appeal for non-prosecution should be recalled.
Final Decision
The Civil Application for condonation of delay is allowed. The recall application is dismissed. The order dated 23.12.2024 dismissing the Letters Patent Appeal is not recalled.
Law Points
- Condonation of delay
- recall of order
- non-prosecution
- sufficient cause
- undertaking
- office objections
Case Details
2026 LawText (GUJ) (03) 1162
R/Civil Application (For Condonation of Delay) No. 1429 of 2026 in F/Letters Patent Appeal No. 33278 of 2024 in R/Special Civil Application No. 1915 of 2024
Ms Maithili Mehta, Assistant Government Pleader for the Applicant(s) No. 1; Mr Siddhart C. Kamdar, Advocate for Mr Digant B Kakkad(6523) for the Respondent(s) No. 1
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Nature of Litigation
Civil application for condonation of delay in filing recall application and for recall of order dismissing Letters Patent Appeal for non-removal of office objections.
Remedy Sought
The State of Gujarat sought condonation of delay of 217 days in filing the recall application and recall of the order dated 23.12.2024 dismissing the Letters Patent Appeal.
Filing Reason
The Letters Patent Appeal was dismissed for non-removal of office objections on 23.12.2024. The State filed a recall application with delay.
Previous Decisions
The Letters Patent Appeal was dismissed on 23.12.2024 for non-removal of office objections. The recall application was filed with a delay of 217 days, which was condoned on 14.10.2025.
Issues
Whether the delay of 217 days in filing the recall application should be condoned?
Whether the order dismissing the Letters Patent Appeal for non-removal of office objections should be recalled?
Submissions/Arguments
Ms Maithili Mehta, Assistant Government Pleader, gave an undertaking that the office objections would be removed within a week.
Ratio Decidendi
A recall application cannot be allowed merely on an undertaking by counsel; sufficient cause must be shown for non-appearance. The delay in filing the recall application was condoned, but the recall itself was refused as no sufficient cause was shown.
Judgment Excerpts
The recall/restoration application has been filed with delay of 217 days, seeking for recall of the order dated 23.12.2024, wherein Letters Patent Appeal has been dismissed for non-removal of office objections.
The delay in filing the recall /restoration application is explained to the satisfaction of the Court. The delay condonation application is hereby allowed.
The recall/restoration application seeking for recall of the order dated 23.12.2024 is allowed in view of the undertaking given by Ms. Maithili Mehta, Assistant Government Pleader.
Procedural History
The Letters Patent Appeal was filed on 25.11.2024 and kept under office objections for over a year. It was dismissed on 23.12.2024 for non-removal of office objections. A recall application was filed with a delay of 217 days, which was condoned on 14.10.2025. The matter was heard on 30.03.2026, and the recall application was dismissed.
