Limitation Act, 1963, Section 5 -- Condonation of delay - Notice is to be issued to other party on delay condonation application and after deciding the same, matter shall be heard on merits...........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay in filing appeal - Appeal has been filed after an inordinate delay of 26 years - Admittedly, no notice was issued and appeal was admitted on first day of hearing without issuance of notice to petitioner - Appellate authority has not only ignored the provisions envisaged under the Act but also overlooked..........
Civil Procedure Code, 1908, Order 22, Rule 3, Limitation Act, 1963, Section 5 -- Substitution of Legal heirs - Death of plaintiff no.1 - Condonation of delay - Matter was referred to meditation which could not be settled - Respondents being heirs of deceased plaintiff no.1 would be entitled to benefit of result of suit - It is not relevant whether they were parties to..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay of 2 years 29 days in filing application to restore suit dismissed in default - Plaintiffs were not informed by advocate representing them about dismissal of suit - Immediately on coming to know about such dismissal of suit, plaintiffs acted upon and filed necessary application - Delay condoned subject to cost..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay of 546 days in filing appeal - Unaware of disposal of suit for a long period of 2 years does not amount to sufficient cause - Negligent attitude on the part of petitioner in pursuing the matter during course of trial proceedings in the suit as well as in preferring appeal is borne by record - Delay not..........
Limitation Act, 1963, Section 5 -- Condonation of delay - To decide an application for condonation of delay, Court cannot focus on reasons stated or period of delay alone, but should take into consideration other attendant and relevant aspects also...........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay of 838 days in filing application for setting aside ex parte decree - Having contested the case in a lackadaisical manner and having failed to offer an acceptable explanation for the delay, petitioners cannot bank upon elasticity of the term `sufficient cause' to plead equity or seek permission to contest the..........
Arbitration and Conciliation Act, 1996, Section 37, Limitation Act, 1963, Section 5 -- Appeal - Condonation of delay - Once an appeal is found to be barred by limitation, there can be no question of any obligation of Court to consider the merits of case of appellant...........
Arbitration and Conciliation Act, 1996, Section 37, Limitation Act, 1963, Section 5 -- Appeal - Condonation of delay - Ground that delay in filing appeal u/s 37 of the Act is not condonable beyond 120 days is misconceived...........
Arbitration and Conciliation Act, 1996, Section 37, Limitation Act, 1963, Section 5 -- Appeal - Condonation of delay of 337 days in filing appeal - Failure to show sufficient cause for condonation of inordinate delay of 337 days in filing appeal - Though liberal approach may be adopted when some plausible cause for delay is shown, however, liberal approach does not mean..........
