Limitation Act, 1963, Section 5 -- Condonation of delay - Delay of 161 days in filing appeal - Sufficient cause is shown for delay - Even, none came forward to oppose the application - Delay condoned...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Issue regarding limitation can be decided only after evidence is led on issue being framed qua same - Plaint cannot be rejected...........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Setting aside ex parte decree and condonation of delay are different on the basis of facts and events - These proceedings must be adopted and pursued independently...........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte decree set aside while condoning delay - However, there was no justification for setting aside ex parte decree - Order condoning delay affirmed whereas order setting aside ex parte decree set aside - Trial Court to decide application afresh...........
Consumer Protection Act, 1986, Section 12 -- Consumer complaint - Limitation - Allotment of flat - Limitation is not meant to defeat a substantive right - Efforts, in earnestness, to secure possession of flats cannot be discounted in order to compute the applicable limitation...........
Consumer Protection Act, 1986, Section 12 -- Consumer complaint - Limitation - Allotment of flat - Specific talks/parlays were ongoing inter se the parties and only when escrow expressed helplessness that complaint was filed - Considering consistent efforts back and forth, inter se parties, with regard to implementation of terms of contract, there was no question of..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Barred by limitation - Where a party acquires right by bar of limitation and if the same is sought to be taken away by amendment of pleadings, amendment in such circumstances would be refused...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Limitation - Partition suit - Amendment sought to incorporate relief of cancellation of sale deed - Plaintiffs were aware of execution of sale deed - Suit was filed in the year 2013 and application to amend plaint was filed in the year 2022 i.e about nine years after institution of suit - Limitation to..........
Protection of Women From Domestic Violence Act, 2005, Section 12 -- Application u/s 12 of the Act - Limitation - There is no starting point for limitation for preferring application u/s 12 of the Act - Starting point arises only and only after there is a breach of Protection Order passed u/s 12 of the Act...........
Civil Procedure Code, 1908, Section 151, Order 9, Rule 4, Limitation Act, 1963, Section 5 -- Restoration of suit dismissed in default - Condonation of delay - Suit dismissed at the initial stage on the ground that Court fee was not deposited - Sufficient ground is made out for condonation of delay - Suit was not admitted as yet - There is thus, no need for issuing notice..........
