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..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay in filing appeal - Partition suit - Earlier application u/s 5 of the Act filed along with appeal against preliminary decree containing identical assertions rejected by this Court - Rejection of earlier application thus, operates as res judicata - Moreover, there is no explanation of delay in filing appeal -..........
Criminal Procedure Code, 1973, Section 374 -- Appeal against conviction - Delay - Condonation - Delay of 74 days in filing of appeal - Period of limitation for filing appeal is 60 days - Satisfactory grounds have been furnished for delay to which personal pre-occupation of counsel also comprised a contributory factor - There is no gross negligence or deliberate inaction or..........
Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Section 96 -- Condonation of delay - Delay of 1825 days in filing appeal against ex parte decree - Defendant already exhausted remedy U.O.9.R.13 CPC - Appeal against ex parte decree filed after 5 years from dismissal of application U.O.9.R.13 CPC - Defendant can file an application U.O.9.R.13 CPC and a regular..........
Civil Procedure Code, 1908, Order 22, Rule 9 -- Abatement of appeal - Condonation of delay - Death of plaintiff - Plaintiff being trustee of suit property filed suit though not instituted in the name of trust - But suit property is allegedly shown in the name of Trust - Applicant claiming himself to be authorized or working Trustee of suit property - Application by..........
Motor Vehicles Act, 1988, Section 166, Limitation Act, 1963, Section 5 -- Appeal for enhancement of compensation - Delay of 601 days - Condonation of delay - It is evident from application for condonation of delay that appellant was not aware of limitation to file appeal on first instance and on second instance appellant stated that he has handed over documents to counsel..........
Limitation Act, 1963, Section 5, Criminal Procedure Code, 1973, Section 482, 378 -- Condonation of delay - Delay of 140 days in filing leave to appeal against acquittal - State failed to give reasonable explanation which caused delay in filing appeal - Application dismissed...........
Recovery of Debts Due to Banks and Financial Institutions Act, 1993, Section 30(1), Limitation Act, 1963, Section 5 -- Condonation of delay in filing appeal against order of Recovery Officer under Act of 1993 - Pre-requisite for S.5 of Limitation Act is pendency of proceeding before Court - Proceedings under RDB Act being before statutory Tribunal, cannot be placed at par..........
Civil Procedure Code, 1908, Order 8, Rule 1, 10, Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Section 151 -- Limitation to file written statement - Condonation of delay - As per proviso to O.8.Rr.1, and second proviso to O.8.R.10 CPC has effect of barring on filing of written statement beyond 120 days from date of service of summons - In the..........
Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Section 96, Order 9, Rule 13 -- Condonation of delay - Delay of 1433 days in filing appeal against ex parte decree - Defendants elected to prosecute and proceed only with application U.O.9.R.13 CPC, but not with the remedy of appeal u/s 96 CPC - They filed appeal after a fairly long period of time nearly 1433..........
