Civil Procedure Code, 1908, Section 100, 2(2), 115, Order 41, Rule 3, 3-A, 35, Limitation Act, 1963, Section 5 -- Dismissal of appeal as time barred consequent upon dismissal of application for condonation of delay - Not a decree - When it is not decree, question of second appeal does not arise - Such order is not appealable, but only revisable...........
Civil Procedure Code, 1908, Order 41, Rule 22 -- Cross objections - Not filed within a month from the date fixed by Court for hearing of appeal - Extension of time also not sought - Respondent rather participated in the hearing on cross objections - Thereafter respondent filed application for condonation of delay - Held, application not maintainable as extension of time..........
Civil Procedure Code, 1908, Order 41, Rule 3-A -- Time barred appeal - Not accompanied with an application for condonation of delay - The deficiency is a curable defect - If the required application is filed subsequently the appeal can be treated as presented in accordance with the requirement contained in Rule 3-A of O.41 of the Code...........
Civil Procedure Code, 1908, Order 41, Rule 3 -- A-Appeal when presented after expiry of period of limitation - Unless along with the appeal application filed seeding condonation of delay - Appeal cannot have any existence - Cannot be entertained - Facts have to be alleged as to why delay occurred in filing of appeal - Where no application filed - No ground to entertain..........
Civil Procedure Code, 1908, Order 41, Rule 3-A, Limitation Act, 1963, Section 5 -- Appeal - Delay - Condonation - Appeal presented after expiry of period of limitation - Application for condonation of delay filed subsequent to filing of time barred appeal - Court below cannot be said to have committed any jurisdictional error in considering the application for condonation..........
Civil Procedure Code, 1908, Order 41, Rule 3-A, Limitation Act, 1963, Section 5 -- Appeal - Delay - Condonation - Where decree appealed against was delivered by Court without notice to party, limitation for party to prefer appeal is to be counted from date on which he got knowledge of decree - It is valid ground for condonation of delay...........
Civil Procedure Code, 1908, Order 41, Rule 21 -- Dismissal of application for setting aside ex parte decree solely on the ground that application barred by time - Court did not pass any order on application for condonation of delay in filing application under Order 41 Rule 21 - Order dismissing application for setting aside ex parte judgment and decree - Set aside...........
Civil Procedure Code, 1908, Order 41, Rule 3-A, Limitation Act, 1963, Section 5 -- Appeal - Filed after limitation - Must be filed accompanied by an application for condonation of delay supported by an affidavit - Filing of such application is mandatory - Non filing of such application renders appeal itself non existent...........
Civil Procedure Code, 1908, Order 41, Rule 3-A -- Time barred appeal - When presented without being accompanied by an application for condonation of delay - Appellant should be given a reasonable opportunity to remedy the defect instead of dismissing appeal in limine...........
Civil Procedure Code, 1908, Order 41, Rule 5(3)(c), Limitation Act, 1963, Section 5 -- Condonation of delay - Allowed subject to deposit of entire decretal amount - Held, order is not legally sustainable as for condoning the delay in filing the appeal the only aspect to be considered would be as to whether there is sufficient cause or not for not preferring the appeal..........
