STATE OF GUJARAT Vs. CHAUHAN BHIKHAJI BHEMJI

JUDGEMENT

(1.) This application has been filed under sec. 5 of the Limitation Act, 1963 seeking condonation of delay of 3174 days (approximately 9 years) in filing accompanying Letters Patent Appeal (F) No. 17683 of 2022, whereunder the order of the learned Single Judge dtd. 13/9/2011 passed in Special Civil Application No. 5537 of 1998 is challenged, by which order Special Civil Application came to be dismissed and revision application filed by State which came to be dismissed by Gujarat Revenue Tribunal came to be affirmed.

(2.) The delay being inordinate namely around nine years, we have heard Mr. K.M. Antani, learned AGP appearing for State - applicant on the aspect of delay. He would submit that cause for delay has been explained in the application and the same is duly sworn to by the Prant Officer, Tharad, and as such he submits that cause shown be accepted and delay being condoned. He would also submit this Court may take liberal approach in considering the cause for delay and contends that substantial cause should not suffer on account of delay being inordinate and particularly when such delay has been explained in the application. Hence, he prays for allowing the application.

(3.) In order to examine as to whether notice deserves to be issued on the civil application for condonation of delay, we have perused averments made in the application for condonation of delay and the cause which is sought to be projected, as sufficient cause is traceable to paragraph Nos. 3 to 11 which reads as under : -