Nishaben W/O Hemalbhai Turakhiya ... vs State Of Gujarat

NISHABEN W/O HEMALBHAI TURAKHIYA D/O. LALITBHAI CHANDRAKANTBHAI DOSHI Versus STATE OF GUJARAT ========================================================== Appearance:

MS KHUSHBU P VYAS for the PETITIONER(s) No.1,2 MR PRANAV TRIVEDI, APP for the RESPONDENT(s) No.1 RULE SERVED for the RESPONDENT(s) No. ========================================================== CORAM: HONOURABLE MR.JUSTICE S.H.VORA Date : 25/02/2019 IA ORDER

1. The present application under Section 5 of the Limitation Act, 1963 ("the Act" for brevity) has been preferred by the applicants for condonation of delay of 67 days caused in filing the Criminal Revision Application against the judgment and order dated 18.11.2017 passed by the learned Principal Judge, Family Court, Surendranagar in Criminal Misc. Application No. 475 of 2016.

2. Reasons for delay caused in preferring the revision application are narrated in paras 2 to 4 of the application. As such learned advocate appearing for the opponents does not controvert or challenge any of the reasons/explanations stated in the aforesaid paras of the application by filing any reply on oath.

R/CR.RA/471/2018 IA ORDER

3. The words, "Sufficient cause for not making application within the period of limitation" should be applied in a reasonable and liberal manner depending upon the facts and circumstances of the case and the type of the case. The expression "sufficient cause" in section 5 of the Act needs liberal construction so as to advance substantial justice when the delay is not on account of any negligence or inaction or want of bona fide or dilatory tactics on the part of the applicant. In nutshell, the decisive factor for condonation of delay is not length of delay but sufficiency and satisfactory explanation. Since there is nothing on record so as to infer inaction or want of bona fide that can be attributed to the applicant, the applicant cannot be non-suited at threshold and thus, cannot be deprived of substantial justice which has been made available to the applicant by way of statutory application. In order to advance substantial justice to the applicant and as the explanation for delay does not smack mala fide, the delay caused in preferring the revision application is hereby condoned. The application stands disposed of. Rule is made absolute to the aforesaid extent.

(S.H.VORA, J) TAUSIF SAIYED Page 2 of 2