Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte decree - Setting aside - Delay - Condonation - While considering the delay condonation application court has to see the merit of the case also as the law of limitation is not meant to take away the right of appeal - The courts are meant for imparting justice and not to scuttle the..........
Civil Procedure Code, 1908, Order 9, Rule 9, Limitation Act, 1963, Section 5 -- Dismissal of suit for no, prosecution - Restoration application - Condonation of delay - On 20.09.1999, Civil Court in absence of plaintiff as well as his advocate, dismissed suit for non prosecution - From 20.09.1999 the original plaintiff did not do anything till he passed away on 09.06.2004..........
Civil Procedure Code, 1908, Order 9, Rule 9 -- Application for restoration of suit with application of condonation of delay - Applications filed by legal heirs - LRs not brought on record - Maintainability - Held, application for restoration of suit dismissed for default along with an application for condonation of delay was maintainable and respondents were entitled to be..........
Civil Procedure Code, 1908, Order 22, Rule 11, Limitation Act, 1963, Section 5 -- Non-substitution of LRs - Abatement of appeal - Application for substitution of LRs - Delay therein - Application for condonation of delay - No sufficient cause shown for delay - Held, delay cannot be condoned - Appeal abated for no, substitution of LRs...........
Civil Procedure Code, 1908, Section 151, Article , Order , Rule , Limitation Act, 1963, Section 5, Article , Order , Rule -- Execution - Delivery of property - Application for - Delay in filing - Condonation - Application filed for delivery of property U.O.21.R.95 CPC - Said application dismissed for not taking appropriate step as ordered by execution Court - Subsequent..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Affidavit supporting application to condone delay terse, very poorly worded and not explaining actual and detailed reason - Reason assigned for it was that official concerned was looking after work of five departments and had signed affidavit whatever was prepared and put before him - No explanation has been..........
Civil Procedure Code, 1908, Order 41, Rule 3A, Limitation Act, 1963, Section 5 -- Appeal - Delay in filing - Condonation of delay - Power of appellate court - Held, there is no specific bar which restrains the appellate Court to hear and decide the appeal alongwith the application for condonation of delay - On the contrary provision is otherwise which puts bar on the..........
Civil Procedure Code, 1908, Order 22, Rule 9, Limitation Act, 1963, Section 5 -- Application for setting aside abatement - Condonation of delay - Information with regard to death of respondents Nos.1 to 5 had come within the knowledge of appellants in the year 2008 - Applications for condonation of delay and setting aside abatement filed on 14.01.2011 - Held, conduct of..........
Consumer Protection Act, 1986, Section 21(b) -- Revision - Limitation - Condonation of delay - Sufficient cause - Delay of 46 days - No period of delay which is sought to be condoned mentioned in the application by the petitioners - Reasons mentioned by the petitioners are general, routine and extremely vague without any dates whatsoever - Such explanation for the delay in..........
Civil Procedure Code, 1908, Order 22, Rule 4, Limitation Act, 1963, Section 5 -- Suit for specific performance - Condonation of delay in filing substitution application - Substantial amount given as advance money - Held, there is no question of any malafide or delay in such matters i.e. a suit relating to specific performance of contract to sell where a substantial amount..........
