Civil Procedure Code, 1908, Order 22, Rule 3, 4, 9 -- L.R's - Non impleadment within statutory period of 90 days - Appeal abates - Appeal can be revived for hearing when L.R's of deceased person files an application for substitution and for setting aside abatement and making out a sufficient cause for setting aside abatement by filing an application u/s 5 of Limitation Act..........
Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Order 41, Rule 19 -- Condonation of delay - Restoration of appeal dismissed in default - Sufficient reasons assigned for delay being caused as the factum of appeal listed after 6 years not brought notice of appellant and counsel also did not inform him - Delay condoned - Appeal restored to its original number...........
Limitation Act, 1963, Section 5 -- Condonation of delay - Good and sufficient cause is a sine qua non for condonation of delay...........
Arbitration and Conciliation Act, 1996, Section 34(3) -- Arbitration award - Setting aside - Delay - Order passed by Single judge on application for condonation of delay in filing petition for setting aside arbitral award - Remedy of Letters Patent Appeal against said order is not available...........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte decree - Setting aside - Condonation of delay - One single application can be filed for condonation of delay and also to set aside ex parte decree, where grounds for seeking both such reliefs are same...........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte decree - Setting aside - Condonation of delay - Delay of 129 days - Defendant is senior citizen aged over 66 years - He failed to take necessary steps in setting aside ex parte decree owing to old age and age related ailments - Court below ought to have been more liberal in its..........
Arbitration and Conciliation Act, 1996, Section 34 -- Arbitral award - Setting aside - Limitation - Arbitral award has to be assailed within a period of 3 months - Where after, condonation of delay is permissible only for a further period of 30 days - Delay beyond the period of 3 months 30 days is not condonable...........
Arbitration and Conciliation Act, 1996, Section 34 -- Arbitral award - Setting aside - Condonation of delay - Delay of 5 years and 8 months in assailing the award - Delay beyond period of 3 months 30 days not condonable - Delay not condoned - However, appeal dismissed with exemplary cost quantified at Rs.5 lakhs on account of abuse of judicial process...........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex Parte decree - Setting aside - Condonation of delay - Sufficient cause is shown by defendant for her absence before Court below, as her husband was ill and has subsequently died - Application allowed subject to payment of Rs.10,000/- as costs...........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte decree - Setting aside - Condonation of delay - Defendant failed to appear on account of illness and subsequent death of her husband - Sufficient cause shown by defendant for her no, appearance before trial Court - Delay condoned - Ex parte decree set aside...........
