Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Order 9, Rule 13 -- Condonation of delay - Separate application for condonation of delay is not required when all the ingredients of the application for condonation of delay are mentioned in the application U.O.9.R.13 CPC to set aside the exparte decree...........
Limitation Act, 1963, Section 5 -- Delay - Condonation - Delay of 26 days - Delay explained on ground of sickness of petitioner's mother - Merely for the reason that petitioner's mother was not an in-door patient, justification for delay cannot be ignored - Non filing of affidavit in support of application is just a technical defect which is curable - Delay condoned...........
Consumer Protection Act, 1986, Section 24A -- Limitation - Housing - Land - Development agreement - Complainant got possession on 3.3.1999 and as per the Agreement after getting owner's allocation no further reciprocal liability among and Owner and the Developer will lie - Complaint filed on 3.12.2009 i.e. after 10 years and 9 months from the date of getting possession in..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay is just one of the ingredients which has to be considered - Court must also take into consideration the conduct of the parties, bona fide reasons for condonation of delay and whether such delay could easily be avoided by the applicant acting with normal care and caution...........
Limitation Act, 1963, Section 5 -- Condonation of delay - Onus to show that sufficient cause exists for condonation of delay lis upon the applicant...........
Civil Procedure Code, 1908, Order 22, Rule 9, Limitation Act, 1963, Section 5 -- Condonation of delay - Death during pendency of appeal - Delay of 778 days in impleading L.R's - Condonation of delay - Applicants not aware of the pendency of appeal - Applicants totally callous about pursuing appeal - They acted irresponsible and even with negligence - Not approached Court..........
Civil Procedure Code, 1908, Order 22, Rule 9, Limitation Act, 1963, Section 5 -- L.R's - Impleading of L.R's - Non impleadment - Abatement - Setting aside abatement - S.5 Limitation Act applies to an application filed U.O.22.R.9 CPC - An application for setting aside abatement has to be treated at par and the principles enunciated for condonation of delay under Section 5..........
Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Order 22, Rule 9 -- Delay - Condonation - Sufficient cause - To be construed liberally so as to advance substantial justice, when the delay is not on account any dilatory tactics, want of bona fides, deliberate inaction or negligence on the part of the appellant; (ii) In considering the reasons for condonation of..........
Civil Procedure Code, 1908, Order 21, Rule 85 -- Execution - Attachment and sale of property - Highest bidder deposited 25% of the auction amount at the time of bid, but failed to deposit the balance 75% within stipulated period of 15 days as envisaged U.O.21.R.85 CPC - Application of purchaser for condonation of delay and for permission to deposit remaining 75% of auction..........
Consumer Protection Act, 1986, Section 19 -- Appeal - Condonation of delay - Delay of 205 days in filing the appeal - The reasons for delay stated in the application and additional affidavit found not sufficient - There is no reason to condone the undue delay - Appeal dismissed on the ground of uncondonable delay...........
