Limitation Act, 1963, Section 5 -- Condonation of delay - Officials concerned dealing with files were completely indolent and sat over matter without doing anything - No cause much less sufficient cause has been shown - Period of limitation is required to be explained by State and it does not stand on any exalted position - Application rejected...........
Limitation Act, 1963, Section 5 -- Condonation of delay - Cause shown not an explanation but a lame excuse - No case for exercise of discretion has been set up...........
Limitation Act, 1963, Section 5 -- Condonation of delay - Cannot be claimed a a matter of right - It is entirely discretion of Court whether or not to condone delay...........
Limitation Act, 1963, Section 5 -- Condonation of delay - A lenient and justice oriented view is required to be adopted...........
Civil Procedure Code, 1908, Order 9, Rule 8, 9, Limitation Act, 1963, Section 5 -- Restoration of suit dismissed in default - Condonation of delay - Plaintiff is not disclosing his source of information and date of knowledge about impugned order from whom he found that suit is dismissed for default - Therefore, Court can draw an inference that plaintiffs had knowledge..........
Limitation Act, 1963, Section 5 -- Condonation of delay - While considering an application for condonation of delay, Court is required to take into account nature of lis and conduct of parties...........
Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Order 22, Rule 9, 3 -- Condonation of delay - Abatement of suit - Partition suit - Delay was occasioned due to petitioners being unaware of pendency of suit - Explanation offered by petitioners is plausible and ought to have been accepted by trial Court - In a suit for partition, it is in the interest of all..........
Civil Procedure Code, 1908, Order 9, Rule 9, Limitation Act, 1963, Section 5 -- Restoration of suit - Dismissed in default - Condonation of delay - Eviction suit - Delay in question cannot be held to be fatal or prolonged - There was a slight delay, which has been satisfactorily explained by plaintiffs - Important questions of law and facts are involved in the suit and..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Proviso - Dishonour of cheque - Delay in filing complaint - Condonation of delay must precede the act of taking cognizance...........
Limitation Act, 1963, Section 5 -- Condonation of delay - Several laches on the part of petitioner and there is clear negligence and inaction in pursuing the matter - In such circumstances, delay cannot condoned liberally...........
