Limitation Act, 1963, Section 5 -- Condonation of delay - Delay of 1169 days in setting aside ex parte decree - There was considerable inaction on part of defendant and bonafides in presentation of application become suspect - Defendant was well aware of proceedings but what prevented him from approaching Court in time is not on record - Application rightly dismissed...........
Civil Procedure Code, 1908, Order 22, Rule 3, 9 -- Death of plaintiff - Substitution of L.R's - Condonation of delay - Application filed by daughter/respondent after 11 years of death of her father/plaintiff - However, period of limitation for moving such application is 90 days u/art 120 of Limitation Act - More so, respondent had full knowledge of death of her father and..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay condonation application not to be dismissed merely on the ground that delay was too long - Criteria for acceptance or rejection of explanation for delay rests on the bona fides of factual explanation offered by applicant...........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay of 789 days in filing appeal - Sufficient cause - Explanation offered by petitioner that on account of his migration to other State he could not meet his counsel within time and failed to file the appeal is not bona fide - More so, participation of petitioner in final decree proceedings exposes falsity of his..........
Civil Procedure Code, 1908, Order 41, Rule 3A, Limitation Act, 1963, Section 5 -- Appeal - Condonation of delay - Delay of 168 days in filing appeal - No sufficient cause mentioned in the affidavit regarding delay except making bald unsubstantiated allegation - Basing on lame excuse or unsubstantiated cause, it is difficult to condone delay - Delay not condoned -..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Inordinate long delay of 536 & 542 days in filing review petitions - Court has no power to extend the period of limitation on equitable grounds - No sufficient cause was shown by petitioner condoning inordinately long delay - Plea of petitioner that review petitions are filed within 30 days from earlier review..........
Negotiable Instruments Act, 1881, Section 138, 142(b), Limitation Act, 1963, Section 5 -- Dishonour of cheque - Condonation of delay - Can be sought before taking of cognizance or at the time of taking cognizance and not after that - In the instant case Magistrate took cognizance and application for condonation of delay filed after 1 year and 8 months of taking cognizance..........
Limitation Act, 1963, Section 5 -- Application for Condonation of delay - Appellant failed to explain the delay in filing appeal - Appeal dismissed...........
Consumer Protection Act, 1986, Section 23, Limitation Act, 1963, Section 5 -- Appeal - National Commission dismissed revision petition on the ground of delay of 139 days without examining the sufficient and good cause shown in the application for condonation of delay - Order of National Commission set aside - Case remitted to be examined on merits by National Commission -..........
Civil Procedure Code, 1908, Section 96(2), Order 43, Rule 1(d), Limitation Act, 1963, Section 5 -- Appeal - Delay of more than 11 years in filing appeal - Condonation of delay - Cause shown in affidavit supporting delay condonation application not only bereft of material particulars but also vague - No reasons assigned by defendants for delay in filing appeal - More so,..........
