R/CR.MA/18681/2025 ORDER DATED: 15/09/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR CONDONATION OF DELAY) NO. 18681 of 2025 In F/CRIMINAL MISC.APPLICATION NO. 36155 of 2025 ========================================================== DIPAKBHAI KASHIRAM PALAVE Versus STATE OF GUJARAT ========================================================== Appearance: MR UTPAL M PANCHAL(1075) for the Applicant(s) No. 1 MS. ASMITA PATEL, APP for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE VIMAL K. VYAS Date : 15/09/2025 ORAL ORDER 1. RULE. Learned APP Ms. Asmita Patel waives service of notice of rule for and on behalf of the respondent - State. 2. The applicant-convict has filed the present application under Section 5 of the Limitation Act for condonation of delay of 241 days caused in filing the captioned restoration application. 3. Heard learned advocates appearing for the respective parties. 4. Having considered the submissions advanced by the respective parties and having gone through the averments made in the application, it appears that the delay caused in preferring R/CR.MA/18681/2025 ORDER DATED: 15/09/2025 the restoration application has been sufficiently explained. The delay not being inordinate and since it is settled that in case of delay, the cause is material and not the length of delay, I am inclined to allow the present application and to condone the delay. 5. It is needless to mention that the primary function of the Court is to adjudicate the dispute between the parties and to advance substantial justice. Rule of limitation is not meant to destroy the rights of the parties. The Court is aware of the fact that if delay is not condoned, it would amount to dismissal of the restoration application at the threshold and there is no presumption that the delay caused by the applicant is deliberate. In view thereof, the words ‘sufficient cause’ under Section 5 of the Limitation Act should receive a liberal construction so as to advance substantial justice. Even, the reasons stated appear to be bonafide and genuine. There is no smack of malafide or dilatory tactics on the part of the applicant. 6. In view of the above, the application is allowed. The delay of 241 days caused in preferring the restoration application is hereby condoned. Rule made absolute. (VIMAL K. VYAS, J) AMAR SINGH Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: AMAR SINGH(HC01081), PRIVATE SECRETARY, at High Court of Gujarat on 15/09/2025 15:16:16