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..........
Civil Procedure Code, 1908, Section 148, Specific Relief Act, 1963, Section 28 -- Suit for specific performance - Conditional decree of specific performance - Delay of 4 days in deposit - Condonation of delay - Bona fide unintentional delay in depositing the amount - Even otherwise, no evidence has been led in order to prove that plaintiff/respondent had no money on the..........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Filing of beyond prescribed period - Condonation of delay - There is nothing on record to suggest that petitioners have deliberately delayed filing of written statement - Records reveal that as petitioners required requisite sanction from concerned Department for taking steps to take defence in suit - There..........
Civil Procedure Code, 1908, Section 148, 151, Order 34, Rule 7(2), Limitation Act, 1963, Section 30(a) -- Redemption of usufrcutary mortgage - Delay in depositing interest on decretal amount - Condonation of delay - Plaintiff completely failed to make out any ground - Deposit could be made upto the period when limitation to file suit would have expired - Order allowing..........
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..........
Civil Procedure Code, 1908, Order 37, Rule 3(5) -- Summary suit - Unconditional leave to defend - Application filed beyond 90 days period of limitation and that too without application for condonation of delay - Application cannot be allowed - Held, on merits that mere bald assertion that defendant had paid substantial amount without specifying amount paid, conclusion..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Order 22, Rule 3, 9 -- Interim injunction - Grant of - Effect of abatement of suit - Held, a suit abates on expiry of ninety days - Law permits another sixty days time for setting aside abatement - Even if application is not filed within 150 days, an application can again be filed alongwith an..........
Constitution of India, 1950, Article 227, Limitation Act, 1963, Section 5 -- Suit for declaration - Setting aside sale deed - Condonation of delay - Delay of 407 days - Sale deed was executed by defendants in favour of petitioners during pendency of litigation between plaintiffs and defendants - Said application for condonation filed on behalf of petitioners, who are..........
Civil Procedure Code, 1908, Section 151, Order 9, Rule 7, Limitation Act, 1963, Section 5 -- Suit for possession and declaration - Ex parte order - Condonation of delay - Application for setting aside ex-parte order has been moved by petitioners after about 11 months of passing of impugned order - Previous counsel who neither appeared nor informed petitioners regarding the..........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte decree - Setting aside - Application filed alongwith an application u/s 5 of Limitation Act for condonation of delay - Plea that suit has been decreed without effecting service and a fraud has been played upon Court - No finding returned with regard to fraud but application for..........
