Limitation Act, 1963, Section 5 -- Condonation of delay - Delay of 12 years and 158 days in filing restoration application - Litigation between parties started sometime in 1981 - Almost 43 years have elapsed - However, till date respondent has not been able to reap the fruits of his decree - It would be mockery of justice if delay of 12 years and 158 days is condoned -..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay in filing application for restoration of suit dismissed in default - Petitioner pleaded that she is a diabetic patient and was taking treatment from hospital - However, ailments which have been mentioned are not such which would restrain petitioner from diligently prosecuting her case - Moreover, nothing..........
Civil Procedure Code, 1908, Order 8, Rule 5(2) -- Written statement - Not filed within time - Court has two options, (i) to pronounce judgment taking the facts pleaded in the plaint as uncontroverted and true; (ii) if the Court feels that its conscience would be clear if plaintiff was asked to prove those facts, it could exercise second option of asking the plaintiff to do..........
Civil Procedure Code, 1908, Order 22, Rule 4, 9, Limitation Act, 1963, Section 5 -- Death of defendant - Substitution of LRs - Condonation of delay - Suit is at the stage of evidence of defendants - Court at that stage generally lean in favour of deciding lis between parties on merit rather than shutting out hearing on the grounds of technicalities - Moreover, petitioners..........
Criminal Procedure Code, 1973, Section 125, Hindu Marriage Act, 1955, Section 5(3), 11 -- Maintenance - Second marriage of wife during subsistence of first marriage - First marriage of wife alleged to be void as she was minor at that time - Plea as to age of bride has not been mentioned in S.11 of Hindu Marriage Act - Therefore, plea that first marriage of wife was nullity..........
Civil Procedure Code, 1908, Order 9, Rule 9, Limitation Act, 1963, Section 5 -- Restoration of suit dismissed in default - Delay is of only 17 days - Counsel for appellant met with an accident and he remained hospitalized for 3 days - Considering the period of 22 days for obtaining certified copy of order dismissing suit, delay of 17 days condoned - Suit restored...........
Civil Procedure Code, 1908, Order 8, Rule 3, 5 -- Written statement - Allegations in plaint must be dealt with para wise - There must be specific admission and denial - General or evasive denial is not sufficient - Preliminary objections must be taken in a separate set of paragraphs - Additional pleadings can also be raised in the written statement, if required...........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte decree - Setting aside - Madras High Court Original Side Rules not complied with - Order directing deposit of 75% of suit claim as condition precedent for condoning delay and for setting aside ex parte decree - Held, unwarranted - Instead an order of payment of cost should have been..........
Supreme Court Rules, 2013, Order 15.5, Supreme Court Rules, 2013, Order 48 -- Curative petition - Order dismissing review petition in open Court hearing - Registry cannot be vested with power to decide whether a review petition after being dismissed in open Court hearing, merited relook through the curative jurisdiction - Question of maintainability of a curative petition..........
Limitation Act, 1963, Section 5 -- Condonation of law - No knowledge of limitation - Ignorance of law is no excuse...........
