Limitation Act, 1963, Section 5 -- Delay in filing appeal - Condonation of - Party seeking condonation has not availed remedy available to him - Rather he intentionally filed civil suit for injunction and stood idle for considerable period of 6 years - Application for condonation was nothing but abuse of process of law - Party not eligible for benefit under S.14, Since he..........
Displaced Persons (Compensation and Rehabilitation) Act, 1954, Section 23 -- Appeal - Condonation of delay - S.23 of the Act itself provides for extension of limitation - Provision must be given a full application to allow Chief Settlement Commissioner to entertain appeal if sufficient cause is shown - In the instant case appeal filed beyond period of 30 days and no..........
Civil Procedure Code, 1908, Order 5, Rule 2, Civil Procedure Code, 1908, Section , Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte decree - Setting aside of - Summons not duly served with copy of plaint - Condonation of delay - Appellant had given contradictory statements - Facts were not properly disclosed in affidavit filed in support of application for..........
Civil Procedure Code, 1908, Order 22, Rule 3, Limitation Act, 1963, Section 5 -- Substitution of LRs - Condonation of delay - Delay has not at all been explained in the entire affidavit - No reason whatsoever has been assigned at all - Held, condonation of delay application rejected...........
Limitation Act, 1963, Section 5 -- Delay - Condonation - Application supported by affidavit - If Court is not satisfied with affidavit, then an opportunity had to be granted to produce medical evidence, instead of straightway jumping to dismiss the appeal...........
Civil Procedure Code, 1908, Section 151, Order 22, Rule 3,9, Limitation Act, 1963, Section 5 -- Abatement - Setting aside of - Condonation of delay - Applicant didn't know about pendency of appeal before first Appellate Court - Applicant No.1 is a house wife, who has studied only upto 8th standard and applicants No.2 & 3 were minor at the relevant time - In heading of..........
Consumer Protection Act, 1986, Section 19 -- Appeal - Limitation - Condonation of delay - Sufficient cause - Ground of delay of 93 days in filing the appeal is that the authorized representative of the OPs was severely ill - No proof of this ailment has been filed with the application for condonation of delay - The cause put forth by the authorized representative of the..........
Consumer Protection Act, 1986, Section 19 -- Appeal - Limitation - Condonation of delay - Sufficient cause - Ground of delay of 93 days in filing the appeal is that the authorized representative of the OPs was severely ill - No proof of this ailment has been filed with the application for condonation of delay - The cause put forth by the authorized representative of the..........
Limitation Act, 1963, Section 5 -- Delay - Condonation - While considering the delay condonation application, Court has to see the merit of the case also - Courts are known for imparting justice and not to scuttle the process of justice on technicalities...........
Civil Procedure Code, 1908, Order 9, Rule 4, Limitation Act, 1963, Section 5 -- Restoration of suit dismissed in default - Delay of three years - Condonation of delay - Mistake of clerk of counsel as he could not mark the case and counsel could not appear and case was dismissed for want of prosecution - Factum of dismissal came into notice of applicant on inspection of..........