Limitation Act, 1963, Section 5 -- Condonation of delay - Sufficient cause - A party may not be entitled to condonation of delay as a matter of right even after sufficient cause has been shown...........
Limitation Act, 1963, Section 5 -- Condonation of delay - Sufficient cause - If sufficient cause is shown, then Court has to enquire whether in its discretion it should condone the delay - In such circumstances, Court considers all relevant facts especially diligence of the parties or its bona fides - However, scope of enquiry while exercising discretionary power after..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Sufficient cause - Courts must distinguish between an `explanation' and an `excuse' - There is a distinction which, though fine, is real - Care must be taken to distinguish an `explanation' from an `excuse'...........
Limitation Act, 1963, Section 5 -- Condonation of delay - Sufficient cause - Sometimes, due to want of sufficient cause being shown or an acceptable explanation being offered, delay of shortest range may not be condoned whereas, in certain other cases, delay of long periods can be condoned if the explanation is satisfactory and acceptable...........
Limitation Act, 1963, Section 5 -- Condonation of delay - Condonation of delay being a discretionary power available to Courts, exercise of discretion must necessarily depend upon sufficiency of cause shown and degree of acceptability of the explanation and length of delay is immaterial...........
Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Order 9, Rule 13 -- Condonation of delay - Ex parte preliminary decree - Suit for recovery of money - Preliminary decree passed after defendants have cross-examined PWs 1 & 2 at length - It cannot be said that it is an ex parte decree - Defendants failed to adduce evidence in spite of sufficient time being..........
Civil Procedure Code, 1908, Section 151, Order 9, Rule 9, Limitation Act, 1963, Section 5 -- Restoration of suit dismissed in default - Plaintiff suffered an order of dismissal, as his counsel has noted wrong date of hearing in his diary - Litigant cannot be made to suffer on account of negligence or lapse on the part of his advocate - Sufficient cause shown by plaintiff..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay of 162 days in filing application to set aside ex parte preliminary decree - Delay occurred due to ill heath of defendant - Medical certificate was filed to justify the ground taken for such delay - Ground taken by defendant is not frivolous - Period of delay is not too long and due to prevalence of COVID-19..........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte decree - Setting aside - Condonation of delay - Delay of 1026 days - Suit for specific performance - Liberal view has to be taken in the matter of condonation of absence of a party especially in a suit for specific performance unless negligence is so grave to the extent of outweighing..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Person of 73 years of age - Plight of aged person cannot be ignored while considering S.5 of Limitation Act application...........
