Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Not filed within time - Permission to file written statement was sought after obtaining the copy of plaint by newly added defendant - There is no undue delay on the part of defendant - Moreover, provision of O.8.R.1 CPC is directory in nature and delay if any can be condoned in an appropriate case -..........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Delay in filing within time - Extension of time - Reasons stated for the delay found to be just and sufficient - In the interest of justice delay in filing written statement condoned...........
Limitation Act, 1963, Section 5 -- Condonation of delay - Petitioner was well aware of the proceedings and sought to get himself impleaded as party, had not field written statement, was proceeded against exparte, thereafter did not Challenge the exparte proceedings and let a final decree passed - After final decree has been passed, petitioner slept over his right inspite..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay of 1 year - Petitioner has been pursuing litigation diligently and only because of no, representation due to death of sole bread winner of family the ex parte proceedings had been initiated - Finding of lower Court that petitioner was aware of auction proceedings as had gone to the fields for the purpose of..........
Civil Procedure Code, 1908, Section 96(2), Order 43, Rule 1(d), Limitation Act, 1963, Section 5 -- Appeal - Delay of more than 11 years in filing appeal - Condonation of delay - Cause shown in affidavit supporting delay condonation application not only bereft of material particulars but also vague - No reasons assigned by defendants for delay in filing appeal - More so,..........
Criminal Procedure Code, 1973, Section 374, 386, Limitation Act, 1963, Section 5 -- Appeal against conviction - Delay - Condonation - Criminal appeal be decided on merits - Application for condonation of delay in filing appeal be decided leniently - Delay condoned and appeal directed to be decided on merits...........
Limitation Act, 1963, Section 5 -- Condonation of delay - Filing an appeal by State - Considerable delay - Delay condoned keeping in view the circumstances in which the delay had occurred...........
Delhi Rent Control Act, 1958, Section 25, 38, Limitation Act, 1963, Section 5 -- First appeal - Delay of 13 days - Application for condonation of delay - Refusal to condone delay by Appellate Court/Rent Controller Tribunal - No reason for minor delay of just 13 days ought not to have been condoned and first appeal be not heard on merits - Order of refusal set aside - Delay..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Complaint filed before expiry of 15 days period from the date on which notice is served - It is no complaint in the eye of law - Directions issued that payee or holder in due course may file a fresh complaint within one month from the date of decision in the criminal case and in that event, delay..........
Limitation Act, 1963, Section 5 -- Delay - Condonation - Delay of 12 days - Petitioner explained the delay as he was suffering from vomiting and decentary and thus he became very weak and was not even able to move and as such he could not contact his counsel - On account of fever and vomiting he again fell ill and ultimately when he recovered he again contact his counsel -..........
