Showing : 1-10 of 72 Results

SUPREME COURT OF INDIA
Year of decision: 2020
Details
Civil Procedure Code, 1908, Order 8, Rule 1-- Written statement - Non filing within statutory period - Provision of O.8.R.1 CPC is directory but it cannot be interpreted to bestow a free hand to a litigant to file written statement at his own sweet will and/or to prolong the lis - Delay can be condoned in extreme hardship or delays occurring..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Civil Procedure Code, 1908, Section 96(2), Limitation Act, 1963, Section 5-- First appeal against ex parte decree - Condonation of delay of 546 days - Earlier there was delay of 276 days in filing application U.O.9.R.13 CPC - Pursuing application U.O.9.R.13 CPC has caused further delay of 270 days - Defendant shown his bona fide by depositing Rs.25 lakhs in compliance of..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Limitation Act, 1963, Section 5-- Condonation of delay - Delay of 15 days in filing first appeal - Delay can be condoned as meritorious matters cannot be thrown at the verge of technicalities - Moreover, delay can be condoned subject to payment of adequate costs by petitioner in terms of S.35-B CPC - Delay condoned subject to..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 9, Rule 9, Limitation Act, 1963, Section 5-- Restoration of suit dismissed in default - Condonation of delay - Application for restoration filed after about seven months - Such delay cannot be said to be inordinate delay - In case delay is not that inordinate and other party can be monetarily compensated, then Court rather than following a..........
CALCUTTA HIGH COURT
Year of decision: 2019
Details
Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Section 100- - Delay of 277 days in filing second appeal - Title suit was decreed on the ground of default - First Appellate Court affirmed judgment and decree passed by trial Court - Immediately defendant filed review application as advised, which was also dismissed - Second appeal filed on behalf of..........
KARNATAKA HIGH COURT
Year of decision: 2019
Details
Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Section 96-- Condonation of delay - Delay of 696 days in filing appeal - Partition suit - Delay is about 1 year and 9 months - If indeed appellant/defendant really suffered on account of judgment and decree of trial Court, he would have taken steps to file appeal in time - Although plaintiff sought 1/3rd share..........
BOMBAY HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 37, Rule 3(5)-- Summary suit for recovery - Leave to defend - Delay in seeking leave - Application for leave to defend not filed within period of 10 days from receipt of summons for judgment - Court below refused to grant leave to defend to defendant only on the ground that application seeking such leave not..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Limitation Act, 1963, Section 5-- Delay of 554 days in filing appeal against order dismissing application U.O.9.R.13 CPC - Cause pleaded prolonged illness during period in question - Medical documents in support of factum of illness also filed - Appellant an old man in his late sixties and did suffer heart disease during the..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 41, Rule 22-- Cross-objections - Period of limitation - Appeal filed in 1999 - Notices sent earlier but record was destroyed in the fire incident and notices were again served in April 2014 - Cross-objections filed in 2015 - Held, if a cross-objector fails to file cross-objections within stipulated time, then..........
KERALA HIGH COURT
Year of decision: 2017
Details
Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Section 96, Order 9, Rule 13-- Condonation of delay - Delay of 1433 days in filing appeal against ex parte decree - Defendants elected to prosecute and proceed only with application U.O.9.R.13 CPC, but not with the remedy of appeal u/s 96 CPC - They filed appeal after a fairly long period of time nearly 1433 days - Only..........

Showing : 1-10 of 72 Results