In a landmark case before the Gujarat High Court, an applicant sought to challenge a maintenance order due to facing financial constraints and dealing with multiple proceedings. After a delay of 57 days, the applicant filed a revision application, which was allowed after the court applied the principles of Section 5 of the Indian Limitation Act of 1963. The court’s decision to prioritize substantial justice over technicalities sets a crucial precedent in the legal system.
Arguments
- The applicant prefers to challenge the order of maintenance.
- Due to facing two proceedings and financial constraints, the application could not be moved earlier.
- After arranging funds, the Revision Application has been filed.
- Section 5 of the Indian Limitation Act of 1963 allows for condonation of delay to ensure substantial justice.
- The expression ‘sufficient cause’ in the Act is flexible for courts to apply the law meaningfully in the interest of justice.
- The Supreme Court has taken a liberal approach in matters before it for substantial justice.
- The liberal approach should be adopted by all courts to ensure justice is served effectively.
- Refusing to condone delay can result in a meritorious matter being thrown out at the very threshold.
- It can cause the cause of justice to be defeated.
Analysis
- The affidavit has been filed in compliance with the order dated 26.04.2024.
- The application has been filed for condonation of a delay of 57 days in filing the revision application.
- The approach should not be pedantic when explaining delays, as every day’s delay must be justified.
- The consequence of condoning a delay is that the case will be decided on merits after hearing the parties.
- The doctrine must be applied in a rational common sense pragmatic manner.
- Delay is not presumed to be deliberate or due to negligence or mala fides.
- Litigants do not benefit from delay and actually risk losing out.
- The judiciary is respected for its ability to remove injustice, not legalize it on technical grounds.
- Decisions should prioritize substantial justice over technical considerations.
- Non-deliberate delay should not be a reason for injustice to prevail.
Decision
- The application for revision is allowed.
- Delay of 57 days in filing the revision application is condoned.
Case Title: ANIRUDHSINGH RANJITSINGH VAGHELA Vs. STATE OF GUJARAT
Case Number: R/CR.MA/7963/2024
