Explore a recent legal battle between Original Name 1 and the Gujarat High Court in a case that delves into the condonation of delay and interpretation of the provisions of the RPC. The court’s ruling in favor of Original Name 1 sets a precedent for approaching delays in legal proceedings. Stay informed on the pursuit of substantial justice in the Indian legal system. #LegalBattle #HighCourtRuling #SubstantialJustice
Facts
- The present application has been filed for condonation of delay of 60 days in filing the revision application.
- The delay was due to
.
Arguments
- The legislature has conferred the power to condone delay through Section 5 of the Indian Limitation Act of 1963 to enable Courts to do substantial justice by disposing of matters on ‘merits’.
- The term ‘sufficient cause’ in the law is flexible, allowing courts to interpret it in a manner that serves the ends of justice.
- Courts are encouraged to apply a justifiably liberal approach to cases to uphold the principle of justice.
- Refusing to condone delay may result in valid cases being dismissed at the outset, leading to an injustice.
- Condoning delay simply allows the case to be heard on its merits, ensuring justice is served.
- The doctrine of explaining ‘every day’s delay’ should be viewed pragmatically and not in a pedantic manner.
- In the balance between substantial justice and technicalities, substantial justice should prevail as no one has a right to benefit from an injustice due to unintentional delays.
Analysis
- Judiciary is respected for its ability to remove injustice, not legalize it on technical grounds
- Delay in filing the revision application is condoned as it is sufficiently explained
- No presumption that delay is deliberate or due to negligence or mala fides
- A litigant does not benefit from resorting to delay
Decision
- The provisions of the RPC were examined in detail.
- It was argued that the actions of Original Name 1 did not violate the provisions of the RPC.
- The court found that the actions of Original Name 1 were within the legal boundaries set by the RPC.
- The court ruled in favor of Original Name 1 in relation to the RPC.
Case Title: AJITBHAI RAHEMANBHAI PATHAN Vs. STATE OF GUJARAT
Case Number: R/CR.MA/10831/2024
