Limitation Act, 1963, Section 5 -- Condonation of delay - Sufficient cause - Courts must distinguish between an `explanation' and an `excuse' - There is a distinction which, though fine, is real - Care must be taken to distinguish an `explanation' from an `excuse'...........
Limitation Act, 1963, Section 5 -- Condonation of delay - Sufficient cause - Sometimes, due to want of sufficient cause being shown or an acceptable explanation being offered, delay of shortest range may not be condoned whereas, in certain other cases, delay of long periods can be condoned if the explanation is satisfactory and acceptable...........
Limitation Act, 1963, Section 5 -- Condonation of delay - Condonation of delay being a discretionary power available to Courts, exercise of discretion must necessarily depend upon sufficiency of cause shown and degree of acceptability of the explanation and length of delay is immaterial...........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay of 162 days in filing application to set aside ex parte preliminary decree - Delay occurred due to ill heath of defendant - Medical certificate was filed to justify the ground taken for such delay - Ground taken by defendant is not frivolous - Period of delay is not too long and due to prevalence of COVID-19..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Person of 73 years of age - Plight of aged person cannot be ignored while considering S.5 of Limitation Act application...........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte decree - Setting aside - Condonation of delay - Delay of 401 days - Defendant was aged about 73 years and suffered from jaundice - Reasoning put forth by defendant is within contour of definition "sufficient cause" - However, due to delay, plaintiffs would have definitely suffered..........
Civil Procedure Code, 1908, Section 151, Order 37, Rule 3 -- Summary suit for recovery - Non-appearance of defendant - Condonation of delay - O.37.R.3 CPC clearly provides for defendant to make his appearance before Court within a period of 10 days after service of summons - However, defendant after a period of 20 days made his appearance before Court and presented..........
Civil Procedure Code, 1908, Order 8, Rule 1 -- As in J&K - Written statement - Not filed within statutory period of 120 days - Condonation of delay - Period of 120 days prescribed for filing written statement is mandatory in State of J&K after abrogation of Art.370 of Constitution and Court has no power to extend the same - Application for condonation of delay rightly..........
Civil Procedure Code, 1908, Order 21, Rule 89 -- Auction sale - Non-deposit of amount in terms of O.21.R.89 CPC - JD failed to deposit amount U.O.21.R.89 CPC due to COVID-19 Pandemic - Prima facie it appears that JD is entitled to condonation of delay in filing application U.O.21.R.89 CPC - JD, directed to deposit amount decreed together with interest...........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay of 276 days in filing appeal - Delay is evidently on the part of lawyer's office - Appellant has a prima facie case in its favour - Delay condoned with costs of Rs.5000/-...........