Limitation Act, 1963, Section 5 -- Condonation of delay - Court should lean in favour of hearing on merits - Court should as far as may be opt to decide on merits, rather than shutting out parties on the technicality of limitation...........
Limitation Act, 1963, Section 5 -- Condonation of delay - Refusal to condone delay - Delay is indeed not condonable when circumstances show gross negligence or litigant may be demonstrated to be one who has slept over his rights - Those are cases, where other side contests the claim, rebuts the facts and disputes what the party seeking condonation asserts or urges...........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay in filing first appeal - There should be liberal exercise of discretion to condone delay, once explanation comes within what the law understands as `sufficient cause'...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Condonation of delay - As per Supreme Court Order period of 15.03.2021 to 14.03.2021 to be excluded while calculating limitation period in light of COVID pandemic - Period of limitation of 90 days not expired prior to 15.03.2021 - Appeal filed on 25.01.2021 which is within period excluded by Supreme Courts order -..........
Limitation Act, 1963, Section 5, Insolvency and Bankruptcy Code, 2016, Section 238A -- Condonation of delay - S.5 Limitation Act enables Court to admit application if applicant satisfies Court that he had sufficient cause for not making application within the time prescribed - There is no specific period of limitation prescribed in Limitation Act for application under IBC..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay of 2312 days in filing appeal - Reasons given in application for condonation of delay do not really make it out to be a sufficient cause - Mechanical reasons have been given for the same - Application for condonation of delay dismissed...........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay of 30 days in filing second appeal - Averments contained in application are quite vague and do not provide sufficient cause for delay in filing application - Each day delay is required to be explained by appellants which is not forthcoming in the case - Appellants not able to make out a case for condonation of..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay of 9 months in filing appeal - No plausible explanation has been given for delay worth acceptance except for bald statement that petitioner did not know about passing of judgment and decree against which appeal is sought - Application for condonation of delay dismissed...........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte decree - Setting aside - Delay of 1012 days - Condonation of delay - Reasons assigned by defendant for condoning delay are in usual and causal terms - There is no proper and satisfactory explanation offered by defendant for each and every day of delay - Delay in filing application for..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Whether or not there is sufficient cause for condonation of delay is a question of fact dependent upon facts and circumstances of a particular case...........
