R/CR.MA/19411/2025 ORDER DATED: 19/12/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR CONDONATION OF DELAY) NO. 19411 of 2025 In F/CRIMINAL MISC.APPLICATION NO. 36925 of 2025 ========================================================== SURESHBHAI CHAGANBHAI PARMAR Versus RAMILABEN W/O SURESH CHAGANBHAI PARMAR D/O JAYANTIBHAI PARMAR & ORS. ========================================================== Appearance: MR VIVEK V BHAMARE(6710) for the Applicant(s) No. 1 MR VN BHAMARE(1122) for the Applicant(s) No. 1 MS AMITA S SHAH(2691) for the Respondent(s) No. 1,2,3 MS SHRUTI PATHAK, APP for the Respondent(s) No. 4 ========================================================== CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR Date : 19/12/2025 ORAL ORDER 1) This application is 7led under Section 5 of the Limitation Act for condonation of delay of 195 days caused in 7ling application for restoration of Criminal Miscellaneous Application No. 48113/2024 which came to be dismissed for want of prosecution. 2) I have heard the learned advocates for the respective parties. 3) It is submitted by the learned advocate for the applicant that the applicant could not 7le the application for restoration of Criminal Miscellaneous Application No.48113/2024, which came to be dismissed for non-removal of oAce objections in timely fashion and if the delay is not condoned, it would amount to R/CR.MA/19411/2025 ORDER DATED: 19/12/2025 dismissing the restoration application at the threshold and therefore, he has requested to condone the delay caused in 7ling the restoration application. 4) Considering the submissions made by the learned advocate for the applicant and considering the averments made in the application, it appears unde7ned that the applicant has mentioned suAcient 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 applicant is deliberate. In view thereof, the words ‘suAcient 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 7de and genuine. There is no smack of mala de or dilatory tactics on the part of the applicant. 5) In view of the above, the delay of 195 days as explained in memo of the application is condoned. The application is accordingly allowed. (HASMUKH D. SUTHAR,J) GARVITA Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: GARVITA KACHHWAHA(HC02358), ENGLISH STENO GRADE-II\, at High Court of Gujarat on 19/12/2025 17:26:03