Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte decree - Condonation of delay - Court can direct payment of a portion of the decretal amount or the cost, while exercising discretion for setting aside ex parte decree or condoning delay...........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte decree - Condonation of delay - Allowed subject to payment of entire suit claim - Held, Court should not have imposed such an unreasonable and onerous condition...........
Limitation Act, 1963, Section 5 -- "Sufficient cause" - To receive liberal construction so as to advance substantial justice - When there is no negligence, inaction or want of bona fide is imputable to the applicant, the delay has to be condoned - Discretion is to be exercised like any other judicial discretion with vigilance and circumspection - Discretion not to be..........
Army Rules, 1954, Rule 14(b), 5 -- Payment of disability pension - Denial of - Disease could not be detected on medical examination prior to acceptance in service - No reason accorded by Medical Board as to why disabilities had not been induced by arduous military conditions - Therefore, claimant entitled for disability pension...........
Limitation Act, 1963, Section 5 -- Condonation of delay - While considering delay condonation application, Court has to see the merit of case also as law of limitation is not meant to take away the right of appeal - Courts are meant for imparting substantial justice and not to scuttle the justice on technicalities - Length of delay is also not very much material if there..........
Limitation Act, 1963, Section 5 -- Condonation of delay - While dealing with delay condonation application Court/Tribunal if comes to conclusion that there had been any negligence on the part of parties in not instituting the action well within time and that has caused some inconvenience to other side, it may be compensated by imposing some cost payable to person to whom..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Application for delay condonation filed after 11 years - While considering the rustic nature of applicant, delay condoned subject to payment of Rs.5,000/- as costs...........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay of 79 days in filing appeal - Day-to-day delay not explained - More so, completely vague ground for condonation of delay has been given that appeal was handed over to counsel who took his own time to file appeal - Delay not satisfactorily explained - Application rejected...........
Limitation Act, 1963, Section 5 -- Condonation of delay - Court should take liberal view while considering application for condonation of delay - Inconvenience caused to the other side can be compensated by costs...........
Limitation Act, 1963, Section 5 -- Condonation of delay - Petitioner has to depend on the legal advice of counsel as she is an illiterate rustic villager residing in a remote locality of a village - When villagers are surrounded by so many typical circumstances, delay of three months makes no difference - Matter should not be thrown out on the ground of delay by scuttling..........
