STATE OF GUJARAT Vs. MANGALBHAI ISHWARBHAI PATEL

JUDGEMENT

(1.) This application has been filed under Sec. 5 of the Limitation Act, 1963, seeking for condonation of delay of 509 days. The cause of the delay has been explained in the application.

(2.) While considering an application for condonation of delay it is not the length of delay but cause for delay which would be of paramount consideration. If the cause shown is sufficient and in the proximity of the facts obtained, such delay deserves to be condoned irrespective of the length of delay. However, even if there is short delay and cause shown is not in the proximity of truth or contrary to facts, such delay cannot be condoned.

(3.) At this juncture, we may notice that the judgment of the Hon'ble Supreme Court in the case of Collector Land Acquisition, Anantnag and another vs. Master Katiji and others , reported in AIR 1987 SC 1353, whereunder the Lordships have illustratively narrated the contour of the parameters required to be considered while examining the application for condonation of delay.