R/CR.MA/22301/2025 ORDER DATED: 14/11/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR CONDONATION OF DELAY) NO. 22301 of 2025 In F/CRIMINAL MISC.APPLICATION NO. 41774 of 2025 ========================================================== JITUBHAI BHAGVANBHAI JETHAVA & ORS. Versus STATE OF GUJARAT & ANR. ========================================================== Appearance: MR JAGAT V PATEL(7480) for the Applicant(s) No. 1,2,3,4 MR MANAN MAHETA, APP for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR Date : 14/11/2025 ORAL ORDER 1. RULE. Learned APP waives service of notice of rule on behalf of respondent-State. 2. This application is 6led under Section 5 of the Limitation Act for condonation of delay of 27 days caused in 6ling the application for restoration of Criminal Misc. Application No.19658 of 2021, which came to be dismissed for want of prosecution. 3. I have heard the learned advocates for the respective parties. 4. It is submitted by the learned advocate for the applicants that the applicants could not 6le the restoration application in timely fashion however, there was no deliberate delay on the part of the applicants. It is submitted that if the delay is not condoned, it would amount to dismissing the restoration application at the threshold and therefore, has requested to condone the delay caused in 6ling the restoration application. 5. Considering the submissions made by the learned advocates for R/CR.MA/22301/2025 ORDER DATED: 14/11/2025 the respective parties and perusing the averments made in the application, the applicants have mentioned su>cient cause for condonation of delay. The primary function of the Court is to adjudicate the dispute between the parties and to advance substantial justice. Rules of limitation are not meant to destroy the rights of parties. The Court is aware of the fact that denial to condone the delay would mean to dismiss the matter at threshold and there is no presumption that the delay caused by the applicants is deliberate. In view thereof, the words ‘su>cient cause’ under Section 5 of the Limitation Act should receive a liberal consideration so as to advance substantial justice. Even reason stated appears to be bona de and genuine. There is no smack of mala de or dilatory tactics on the part of the applicants. 6. In view of the above, the delay of 27 days as explained in memo of the application is condoned. The application is accordingly allowed. Rule is made absolute. 7. Registry is directed to list the application for restoration of Criminal Misc. Application No.19658/2021. (HASMUKH D. SUTHAR, J.) Ajay Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: AJAY CHANDRAN MENON(HC00939), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 14/11/2025 15:34:17