IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR CONDONATION OF DELAY) NO. 24305 of 2025 In F/CRIMINAL MISC.APPLICATION/46455/2025 In F/CRIMINAL MISC.APPLICATION/30929/2025 ========================================================== DIMPLE BHAVESH PATEL & ANR. Versus STATE OF GUJARAT & ANR. ========================================================== Appearance: MR. M S PADALIYA(7406) for the Applicant(s) No. 1,2 MS. ASMITA PATEL, APP for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE VIMAL K. VYAS Date : 23/01/2026 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 applicants have led the present application under Section 5 of the Limitation Act for condonation of delay of 30 days caused in ling 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 p. 1 in the application, it appears that the delay caused in preferring the restoration application has been su%iciently explained. The delay not being inordinate and as 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 applicants is deliberate. In view thereof, the words ‘su%icient 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 bonade and genuine. There is no smack of malade or dilatory tactics on the part of the applicants. 6. In view of the above, the present application is allowed. The delay of 30 days caused in preferring the restoration application is hereby condoned. Rule made absolute. (VIMAL K. VYAS, J) AMAR SINGH p. 2 Original copy of this order has been signed by the Hon'ble Judge.