Civil Procedure Code, 1908, Order 6, Rule 18 -- Amendment of plaint - Not incorporated within stipulated time - Judgment passed - Incorporation of amendment in plaint and decree after passing of the decree - Held, it depends on whether Court was adjudicating with reference to the property which was sought to be included or whether there is anything contained in the..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Wrong legal advice - Bonafide advice given by counsel after due care and attention may constitute sufficient cause for condonation of delay if acted upon by a party in good faith but it is not the law that the delay should invariably be condoned simply because it is asserted that it was caused on account of some..........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte decree - Setting aside - Condonation of delay - Held, Court though having wide powers to condone delay but discretion to be exercised judiciously - None of defendants' witnesses explained delay, much less satisfactorily explained each day's delay - Delay cannot be condoned...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 336, 420 -- Prosecution initiated by complainant after nearly 12 years of occurrence - Delay totally unexplained - Held, even if it is accepted that act of petitioner in performing surgical procedure on complainant is covered within offence u/s.336 IPC, then too, petitioners' prosecution is..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay of 153 days in filing application to set aside ex parte decree - Delay deserves to be condoned when wife pleaded that she did not receive notice and when she is residing in another State...........
Limitation Act, 1963, Section 5 -- Delay - Condonation - Merely because the respondent is the State, delay in filing appeal or revision cannot and shall not be mechanically considered and in absence of `sufficient cause' delay shall not be condoned...........
Limitation Act, 1963, Section 5 -- Condonation of delay - Order of allotment void ab initio - Held, Collector rightly condoned delay in favour of respondent No.5 whose valuable right had been denied by prescribed authority...........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay of 3 days in filing appeal - Medical reasons given in explaining the delay - Delay properly explained - There is nothing on record to show that delay was intentional or was deliberate - A valuable right has been lost to the appellant to be heard on merits - Impugned order set aside - Delay condoned - Matter..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Suit for recovery of money - Suit decreed - Delay in filing appeal - Delay condoned with direction to deposit half of the decretal amount and permitted plaintiff to withdraw half of the amount so deposited - Order upheld...........
Civil Procedure Code, 1908, Order 22, Rule 3, 4 -- Abatement of suit - Substitution of legal representative - Application for - Condonation of delay - Initial application was filed within the period of limitation which was dismissed on technical ground - Second application was filed with a prayer for condonation of delay - In second application, a prayer for setting aside..........
