Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Order 41, Rule 3A -- Condonation of delay - Interlocutory application filed u/s 5 of Limitation Act r/w O.41.R.3-A CPC to condone delay in filing appeal is not `incidental proceedings' referred in O.41.R.14(4) CPC...........
Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Order 41, Rule 3A(1) -- Condonation of delay - Delay of 209 days in filing appeal - Wife of defendant suffering from serious illness - Both defendant and his wife are senior citizens - Material on record shows that defendant made to go around doctors and hospital for treatment of his wife and in that process..........
Civil Procedure Code, 1908, Order 41, Rule 19, Limitation Act, 1963, Section 5 -- Restoration of appeal dismissed in default - Condonation of delay in filing application U.O.41.R.19 CPC - Restoration application though required to be filed within 30 days from date of dismissal of appeal, but same was filed with a delay of about 22 months - No cause much less sufficient..........
Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Order 41, Rule 19 -- Condonation of delay - Delay of 176 days in filing application for restoration of appeal dismissed in default - Delay of 176 days cannot be said to be an inordinate delay, more so when matter relates to first appeal - Appellants having lost before trial Court ought to have fair and reasonable..........
Civil Procedure Code, 1908, Order 41, Rule 9 -- Leave to appeal - Delay in filing - Condonation of delay - Question arose as to whether appeal to be numbered on date of filing or to date of condonation - Held, a valid appeal is registered on its filing for all practical purposes even if appeal and C.M.C.(P) are accompanied by a petition to condone delay in filing the..........
Civil Procedure Code, 1908, Order 41, Rule 22, Limitation Act, 1963, Section 5 -- Appeal - Cross-objections - Limitation to file cross objections starts to run from date of service of notice of appeal - Cross-objections not filed within statutory period of 30 days after service of notice upon party - Even, despite there being an application for condonation of delay, same..........
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, Civil Procedure Code, 1908, Order 41, Rule 19 -- Condonation of delay - Restoration of appeal dismissed in default - Sufficient reasons assigned for delay being caused as the factum of appeal listed after 6 years not brought notice of appellant and counsel also did not inform him - Delay condoned - Appeal restored to its original number...........
Civil Procedure Code, 1908, Order 41, Rule 9, Limitation Act, 1963, Section 5 -- Appeal - Filed alongwith application for condonation of delay - Dismissal of application to condone delay - Appeal stands dismissed - An appeal presented beyond time is an appeal in the eyes of law for all purposes and an order dismissing appeal on whatever ground is a decree that can be..........
Civil Procedure Code, 1908, Order 41, Rule 9, Limitation Act, 1963, Section 5, Constitution of India, 1950, Article 227 -- Appeal - Filed alongwith application for condonation of delay - Dismissal of application - No order passed that appeal also stands dismissed - Writ petition against order dismissing delay condonation application - Held, writ petition is not..........
