No indication exists that the applicant is using dishonest or delaying tactics.- Gujarat High condones allows 51-day delay
TITLE Patel Girishbhai Hargovandas Versus State of Gujarat
Decided On September 2, 2023
31727 of 2023
CORAM: Hon’ble Justice Mr Hasmukh
INTRODUCTION-
This application is made pursuant to Section 5 of the Limitation Act to excuse the 51-day delay in filing the criminal revision application.
FACTS OF THE CASE
The applicant claims that the current applicant is found guilty by and that the learned Additional Sessions Judge in Criminal Appeal confirmed the order of conviction and sentence recorded by the learned Trial Court in an order dated 10.04.2023.
The applicant intends to contest both of the contested orders before this court through a criminal revision application, which has been delayed by 51 days. According to the argument, the application for a delay pardon was submitted because the applicant did not know about the order of conviction, was ignorant of the requirements for filing the current lawsuit, was unable to manage the necessary paperwork, and was experiencing post-operative complications. Delay results as a result.
COURT ANALYSIS AND DECISION
The applicant has provided enough justification for the delay to be excused, taking into account the arguments made by the knowledgeable solicitors for the various parties. The Court’s main duties include resolving the parties’ conflict and advancing significant justice.
Limitation guidelines are not intended to trample on parties’ rights. The Court is aware that refusing to excuse the delay would result in a threshold dismissal of the case, and there is no presumption that the appellant intentionally caused the delay. Due to this, Section 5 of the Limitation Act’s definition of “sufficient cause” should be given a liberal interpretation in order to advance substantial justice. Even the justification given seems legitimate and honest.
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Written by- Steffi Desousa