Civil Procedure Code, 1908, Order 22, Rule 3, 9 -- Death of plaintiff during pendency of appeal - Non substitution of L.R's - Dismissal of appeal as abated - Appeal can be revived for hearing only when (i) proposed L.R's file an application for substitution of their names, (ii) they apply for setting aside abatement, (iii) they file an application u/s 5 of Limitation Act..........
Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - Delay in filing appeal - Condonation of delay - Delay has apparently been caused due to red tapism in the office of District Magistrate - It cannot be accepted as a sufficient cause for delay - Moreover, case is virtually of no evidence - Delay cannot be condoned - Appeal dismissed...........
Limitation Act, 1963, Section 5 -- Condonation of delay - Does not apply to suits - It applies to appeals and to applications except for applications U.O.21 of CPC...........
Limitation Act, 1963, Section 5 -- Condonation of delay - Court has no power to extend period of limitation on equitable grounds...........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay of 467 days in filing application for setting aside ex parte decree - Application for condonation of delay cannot be allowed once trial Court found that delay has not been properly explained and even there are no merits in application for condonation of delay - Order of trial Court condoning delay rightly set..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Financial crisis - Considering the prevalent economy condition of the parties as well as even of the country, financial crisis can be considered to be one of the grounds for condonation of delay...........
Limitation Act, 1963, Section 5 -- Condonation of delay - If there is a malafide attributed and established against the party concerned, then definitely even shortest delay cannot be condoned...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Defendant was incarcerated in jail and could not attend the civil suit proceedings - If it was felt that application for setting aside ex parte decree is filed belatedly, Court could have given an opportunity to defendant to file an application for condonation of delay and costs could have..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Acts of negligence or inaction on the part of a litigant do not constitute sufficient cause for condonation of delay...........
Limitation Act, 1963, Section 5 -- Condonation of delay - Liberal approach - Cannot be equated with a licence to approach Court at will disregarding time limit fixed by relevant statute...........
