Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte decree - Setting aside - Condonation of delay of 582 days in filing application - Defendant was duly served with summons in suit and had appeared - He failed to state that after becoming aware of passing ex parte decree on 18.7.2019, what steps were taken by him to seek setting aside..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Past conduct of petitioner or age of litigation, cannot be an exclusively a dominating and rationale ground to reject delay condonation application - Delay condoned...........
Limitation Act, 1963, Section 5 -- Condonation of delay - No bar to exercise discretion to condone delay in absence of a formal application - However, Court can always insist that an application or an affidavit showing cause of delay be filed - Court did not commit an error in restoring the application, which was dismissed in default and there was delay in filing..........
Civil Procedure Code, 1908, Order 9, Rule 9, Limitation Act, 1963, Section 5 -- Restoration of suit dismissed in default - Condonation of delay - Decision of application U.O.9.R.9 CPC without deciding application u/s 5 of Limitation Act - Impugned order set aside...........
Limitation Act, 1963, Section 5 -- Condonation of delay - Filing of an application for condonation of delay - Provision of S.5 of the Act does not speak of filing of an application - Court can exercise its discretion to condone delay in the absence of a formal application...........
Arbitration and Conciliation Act, 1996, Section 37, Limitation Act, 1963, Section 5, Article 116, 117, Commercial Courts Act, 2015, Section 13(1A) -- Condonation of delay - Delay in filing appeal u/s 37 of Arbitration and Conciliation Act - Appeals filed u/s 37 of Arbitration and Conciliation Act are governed by Arts.116, 117 of Limitation Act or S.13(1-A) of Commercial..........
Limitation Act, 1963, Section 5 -- Condonation of delay - To be in consonance with the circumstances in each case - It cannot be unilaterally made applicable by adopting common yardstick to condone delay in a case - Provision is to be liberally construed and if at all there is any loss suffered due to delayed filing of proceedings, it could reasonably be compensated by..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay of 663 days in filing appeal - Negligence on the part of employees of Municipal Corporation is quite a natural phenomenon - That by itself will not deprive statutory corporation, to avail its right to scrutinize the judgment of trial Court before First Appellate Court - Delay condoned subject to payment of..........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte decree - Setting aside - Condonation of delay - Reasons assigned for delay are dealt in a routine manner - No details have been furnished by defendants explaining delay except stating their counsel died - Even, details of their counsel and date of his death also not mentioned in the..........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte decree - Setting aside - Condonation of delay - Ex parte decree passed on 11.09.2002 - Defendant has knowledge of ex parte decree from the date when he preferred objections against publication in newspaper on 24.01.2009 - However, there is no explanation for delay from 24.01.2009 till..........
