Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte decree - Setting aside - Condonation of delay - Delay of about 3 years 8 months - Defendant corporation is public sector undertaking and huge public money is involved in the case - Ex parte decree set aside subject to payment of costs of Rs.50,000/-...........
Civil Procedure Code, 1908, Order 9, Rule 4, Limitation Act, 1963, Section 5 -- Restoration of suit dismissed in default - Condonation of delay of 513 days - Plea of illness and non intimation of dismissal by counsel - Said plea not substantiated by plaintiff - Even delay of 513 days in approaching Court not explained by plaintiff - Application for restoration of suit..........
Negotiable Instruments Act, 1881, Section 138, Limitation Act, 1963, Section 5 -- Dishonour of cheque - Condonation of delay in filing complaint - Plea of accused that notice not actually sent in the envelope and envelope received not opened and produced in Court - Court while deciding delay condonation application can order opening of the envelope - Plea of not sending..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Complaint - Condonation of delay in filing complaint - For getting relief of condonation of delay, applicant is expected to show that there was `sufficient cause' for not filing the proceedings within the period of limitation...........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay of 198 days in filing appeal - Sufficient cause not shown - Delay cannot be condoned...........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay of 233 days in filing appeals - Appellants were not made parties to original writ petitions and they became aggrieved by order passed in writ petitions - It was thus, a sufficient cause for condonation of delay within meaning of S.5 of the Act - Delay condoned - All intra Court appeals restored - Application..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Length of delay does not matter - Acceptability of explanation is the only criterion...........
Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Order 9, Rule 9 -- Condonation of delay - Delay of 2170 days in filing application U.O.9.R.9 CPC - Petitioners not explained each and every day's delay - Sufficient cause to condone delay thus, not shown - Delay not condoned - Application dismissed...........
Civil Procedure Code, 1908, Section 100, Order 41, Rule 19 -- Second appeal - Maintainability - First appeal dismissed in default - Prayer for re-admission of appeal along with application for condonation of delay, rejected as the same was barred by limitation - If application seeking condonation of delay is rejected, then such decision cannot be appealable - Only remedy..........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Non filing of written statement within stipulated time - Condonation of delay - Provision of O.8.R.1 CPC though, procedural in nature and hand maid of justice - However, that does not mean that defendant has right to take as much time as he wants in filing written statement, without giving convincing and cogent reasons for..........
