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 -- Condonation of delay - Delay in filing appeal - Sufficient cause - Appellant had gone out of place for earning his livelihood and he could not contact his counsel - Constitutes sufficient cause for condonation of delay - Delay condoned...........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay of 663 days in filing special leave petition by Govt. - Inordinate delay stated to be "due to unavailability of documents and the process of arranging the documents" - When there is inordinate delay then Govt. or State authorities must pay for wastage of judicial time which has its own value - Such costs can..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay of 141 days in filing appeal - Petitioner has not properly explained the reasons for delay - Moreover, impugned order challenged under appeal is no longer having any force being substituted by another order - Application for condonation of delay dismissed...........
Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Order 9, Rule 13 -- Condonation of delay - Delay of 1885 days in seeking setting aside ex parte decree - Matrimonial case - Affidavit supporting petition to condone delay devoid of any material particulars - Though, husband stated that he was under treatment for mental illness, but dates of alleged treatment if..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Courts must adopt liberal approach in matters of condonation of delay, where there are justifiable grounds - If reasons for delay are bona fide and applicant does not derive any benefit because of delay, Courts must condone delay by adopting liberal approach...........
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..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay in making payment pursuant to SC`s order - Proceedings under Mines and Minerals Act - Compensation amount as ordered by SC u/s 21(5) of MMDR Act is fully paid by company along with interest in respect to all mining leases - Since interest is stated to have been paid for period of delay, delay held, condoned -..........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte decree - Setting aside - Condonation of delay of 378 days - Suit for recovery of money - Ex parte decree set aside on condition of deposit of entire decretal amount alongwith interest as on date - Defendant granted one opportunity to prove his defence...........
Civil Procedure Code, 1908, Order 21, Rule 90, Limitation Act, 1963, Section 5, 14 -- Recovery of amount due - Condonation of delay - Court receiver was permitted to sell property - Application U.O.21.R.90 CPC set aside - S.5 of Limitation Act which deals with extension of time or condonation of delay is not applicable to proceedings U.O.21.R.90 CPC - Therefore, delay, if..........
