Limitation Act, 1963, Section 5 -- Condonation of delay - Delay of 12 years and 158 days in filing restoration application - Litigation between parties started sometime in 1981 - Almost 43 years have elapsed - However, till date respondent has not been able to reap the fruits of his decree - It would be mockery of justice if delay of 12 years and 158 days is condoned -..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay in filing application for restoration of suit dismissed in default - Petitioner pleaded that she is a diabetic patient and was taking treatment from hospital - However, ailments which have been mentioned are not such which would restrain petitioner from diligently prosecuting her case - Moreover, nothing..........
Civil Procedure Code, 1908, Order 22, Rule 4, 9, Limitation Act, 1963, Section 5 -- Death of defendant - Substitution of LRs - Condonation of delay - Suit is at the stage of evidence of defendants - Court at that stage generally lean in favour of deciding lis between parties on merit rather than shutting out hearing on the grounds of technicalities - Moreover, petitioners..........
Civil Procedure Code, 1908, Order 9, Rule 9, Limitation Act, 1963, Section 5 -- Restoration of suit dismissed in default - Delay is of only 17 days - Counsel for appellant met with an accident and he remained hospitalized for 3 days - Considering the period of 22 days for obtaining certified copy of order dismissing suit, delay of 17 days condoned - Suit restored...........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte decree - Setting aside - Madras High Court Original Side Rules not complied with - Order directing deposit of 75% of suit claim as condition precedent for condoning delay and for setting aside ex parte decree - Held, unwarranted - Instead an order of payment of cost should have been..........
Limitation Act, 1963, Section 5 -- Condonation of law - No knowledge of limitation - Ignorance of law is no excuse...........
Limitation Act, 1963, Section 5 -- Condonation of delay - Discretion to condone the delay must be exercised with care and caution on having objective satisfaction regarding sufficient cause to condone the delay - In the instant case, there is no sufficient reason disclosed in the application u/s 5 of the Act to condone the delay - Application rejected...........
Criminal Procedure Code, 1973, Section 378, Limitation Act, 1963, Section 5 -- Appeal against acquittal - Condonation of delay - Delay in filing appeal against acquittal can be condoned in an application filed u/s 5 of Limitation Act...........
Criminal Procedure Code, 1973, Section 378, Limitation Act, 1963, Section 5 -- Appeal against acquittal - Condonation of delay - Delay in filing appeal against acquittal can be condoned in an application filed u/s 5 of Limitation Act...........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay of 480 days in filing revision - Reason for delay is inaction on the part of counsel who was representing the petitioner in Court below - It is not case of wrong advise - Argument advanced to substantiate the ground of delay has in fact no force - Application dismissed...........
