Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte decree - Setting aside - Condonation of delay - Specific stand taken by defendant in her delay condonation application that in absence of any notice regarding transfer of suit, she had no knowledge about proceedings - Defendant further contended that when she learnt about ex parte..........
Civil Procedure Code, 1908, Section 151, Order 9, Rule 9, Limitation Act, 1963, Section 5 -- Objections to attachment - Dismissal in default - Restoration - Condonation of delay - Delay of 3-1/2 years - Material on record that plaintiffs had knowledge about order dismissing objections in default - Application for restoration of objections rightly rejected...........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte decree - Setting aside - Delay of 350 days in filing application to set aside ex parte decree - Condonation - Plea of non informing of passing of decree by counsel - If at all counsel has not informed about passing of ex parte decree, petitioner could have got information through..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Courts should adopt a liberal, pragmatic and a justice oriented approach in matters of condonation of delay - Courts should avoid a pedantic view and eschew servitude to procedure in such matters...........
Civil Procedure Code, 1908, Section 151, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte divorce decree - Setting aside - Condonation of delay - Notice sent by registered post and no notice was issued to be served personally - Action of Family Court in dispensing with personal service impliedly without passing any order justifying it, cannot be countenanced..........
Civil Procedure Code, 1908, Order 41, Rule 19, Limitation Act, 1963, Section 5 -- Restoration of appeal dismissed in default - Condonation of delay in filing application U.O.41.R.19 CPC - Restoration application though required to be filed within 30 days from date of dismissal of appeal, but same was filed with a delay of about 22 months - No cause much less sufficient..........
Limitation Act, 1963, Section 5, Succession Act, 1925, Section 388(2) - - Delay of 74 days in filing appeal u/s 388(2) of Succession Act - Appeal delayed due to ill advice of counsel - Application for condonation of delay is supported by an affidavit which was not controverted by non-applicants - Delay of 74 days condoned - Application allowed...........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte decree - Setting aside - Condonation of delay - Delay of 547 days in filing petition to set aside ex parte decree - False ground set up to condone delay of 547 days in filing petition to set aside ex parte decree - There is no sufficient cause to condone delay as sought for -..........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte decree - Setting aside - Condonation of delay of 119 days - Plea that summons were served but same mingled with other papers due to which defendant could not appear in the case - During pendency of execution proceedings, substantial amount paid - Delay condoned - Ex parte decree set..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay of 993 days in filing appeal - Parties were attempting settlement and three years lapsed - Settlement failed and thereafter appeal was filed - Such a reason furnished for condoning enormous delay of 993 days is neither candid not convincing...........
