Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Order 9, Rule 13 -- Condonation of delay - Delay of 1321 days in filing application for setting aside ex parte decree - Husband of defendant was following the suit on behalf of defendant - Defendant did not meet her counsel to give instructions for filing written statement - No material on record that there is..........
Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Section 96 -- Condonation of delay - Delay in filing appeal against ex parte decree - Ex parte decree though passed on 21.12.2021 and defendant received notice of same on 21.7.2022 - Consequently, appeal was filed with delay - Valid reasons have been assigned - Delay in filing appeal condoned...........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay of 254 days in filing appeal - Delay on account of not having sufficient funds to pay Court fee - Insufficient funds not a ground to condone delay...........
Limitation Act, 1963, Section 5, Family Courts Act, 1984, Section 19(1), Hindu Marriage Act, 1955, Section 28(4), 13 -- Decree of divorce - Appeal against - Limitation to file appeal is 90 days - Since appeal is filed within a period of 90 days as such there is no need to entertain application for condonation of delay...........
Limitation Act, 1963, Section 14, 5 -- Exclusion of time is different and cannot be equated with condonation of delay - Period once excluded, cannot be counted for the purpose of computing period for which delay can be condoned...........
Limitation Act, 1963, Section 5, 14 -- Condonation of delay - Writ petition not entertained on the ground that appellant should approach Appellate Authority - Bona fides of appellant in filing writ petition not challenged - Appeal filed immediately after dismissal of writ petition - On exclusion of said period, appeal would be within condonable period - Delay condoned -..........
Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Order 9, Rule 13 -- Condonation of delay - Delay of 424 days in filing application for setting aside ex parte decree - Defendant failed to explain delay by establishing sufficient cause within the meaning of S.5 of Limitation Act - Application for condonation of delay rightly dismissed...........
Insolvency and Bankruptcy Code, 2016, Section 9 -- Corporate Insolvency Resolution process (CIRP) - Condonation of delay in filing application u/s 9 of IBC - Pendency of proceedings in a parallel forum is not sufficient cause for delay in filing an application u/s 9 of IBC, particularly by the time application was filed, claim had become barred by limitation...........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay of 15 years and 244 days in filing revision - Explanation given by applicant though involving death of his counsel, yet said event do not explain the long time period of 15 years - There is thus, no sufficient cause made out to condone delay on basis of which Court may exercise its discretion in favour of..........
Limitation Act, 1963, Section 5 -- Condonation of delay - False averments made in the application - Not feasible to exercise discretionary power conferred upon Court u/s 5 of the Act...........
