Showing : 11-20 of 28 Results

ANDHRA PRADESH HIGH COURT
Year of decision: 2008
Details
Civil Procedure Code, 1908, Section 96, Order 41, Rule 3-A-- Appeal by third party with leave of Court - Appeal filed beyond period of limitation - Held, even an appeal filed with leave of the Court, still the appellants are required to file an application for condonation of delay, if any...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2007
Details
Civil Procedure Code, 1908, Order 41, Rule 3-A, Limitation Act, 1963, Section 5-- Delay in filing of appeal - Condonation of delay - Procedure - Mandatory for Appellate Court to decide the application for condonation of delay before it proceeds to decide the appeal on merits - Without deciding the application for condonation of delay, the Appellate Court has no jurisdiction to..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2007
Details
Civil Procedure Code, 1908, Order 41, Rule 3-A, Limitation Act, 1963, Section 5-- Appeal barred by time - Application for condonation of delay - Appellate Court allowed appeal without deciding the application for condonation of delay - Judgment of Appellate Court is wholly without jurisdiction - Incumbent upon the Court to decide application under section 5 before proceeding to..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2007
Details
Civil Procedure Code, 1908, Order 41, Rule 3A, Limitation Act, 1963, Section 5-- Time barred appeal -, D/ merits - Application for condonation of delay not decided - No inference can be drawn that while deciding appeal on merits, Court condoned delay in filing appeal and allowed application - Specific order has to be passed on the application...........
BOMBAY HIGH COURT
Year of decision: 2006
Details
Civil Procedure Code, 1908, Order 41, Rule 3-A-- Appeal - Delay - Condonation of delay - Memo of appeal to accompany by an application supported by an affidavit setting forth the facts on which the appellant seeks to rely to satisfy the Court that he had sufficient cause for not preferring the appeal within the prescribed period - Application..........
KERALA HIGH COURT
Year of decision: 2006
Details
Civil Procedure Code, 1908, Order 41, Rule 3-A-- Appeal - Delay - Condonation - Application supported by affidavit of counsel that file was misplaced - No requirement of the provision that affidavit must be filed by the party - Affidavit of the person who is responsible for the delay is sufficient...........
BOMBAY HIGH COURT
Year of decision: 2006
Details
Civil Procedure Code, 1908, Order 41, Rule 3-A-- Appeal - Delay - Condonation application - Has to be filed alongwith memo of appeal - Application for condonation of delay if filed subsequently that by itself is not sufficient cause to reject such an application - In such an event Court has to see whether applicant has disclosed sufficient cause..........
KARNATAKA HIGH COURT
Year of decision: 2003
Details
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...........
GAUHATI HIGH COURT
Year of decision: 2003
Details
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..........
SUPREME COURT OF INDIA
Year of decision: 2000
Details
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...........

Showing : 11-20 of 28 Results