Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte decree - Setting aside - Delay - Condonation - Delay of 8 years condoned but application for setting aside ex parte decree dismissed - Held, it would be in the interest of justice to allow appeal filed by he appellant and allow the application U.9.R.13 CPC, of course, with a heavy..........
Consumer Protection Act, 1986, Section 15 -- Appeal - Limitation - Order passed by District Forum on 11.11.2009 but appeal filed on 25.3.2010 - No application for condonation of delay filed and pleaded in the appeal that the impugned order came to the knowledge of the appellant on 2.3.2010 when he was served through bailable warrants by police in execution petition pending..........
Consumer Protection Act, 1986, Section 15 -- Ex parte order - Appeal - Limitation - Condonation of delay - Appeal filed with a delay of 605 days - Application for condonation of delay vague - Notice was duly served on OP by the learned District Forum - Plea that he was not aware of the complaint pending repelled - Appeal liable to be dismissed as barred by limitation...........
Limitation Act, 1963, Section 5 -- Delay - Condonation - Delay in filing appeal against ex parte decree - Earlier application for setting aside ex parte proceedings was dismissed and thereafter matter remained pending for five years - Plea that counsel did not inform her about passing of the ex parte decree - `Sufficient cause' in S.5 has to be interpreted liberally as it..........
Consumer Protection Act, 1986, Section 21 -- Ex parte order - Appeal - Condonation of delay - Delay of 595 days in filing appeal - Delay certainly undue delay - Glaring facts brought to notice - Delay condoned - Miscarriage of justice occasioned in the case - Impugned order passed by the State Commission set aside - Complaint remitted to the State Commission to be disposed..........
Consumer Protection Act, 1986, Section 15 -- Appeal - Condonation of delay - Application for - Appellant came to know of the ex parte judgment within two months of passing of the order dated 19.10.2004 but she did hot take any steps to file appeal - Appeal filed on 03.08.2006 - The delay in filing appeal has not been reasonably explained - Appeal liable to be dismissed as..........
Limitation Act, 1963, Section 5 -- - Ejectment petition - Respondent despite service did not appear - Ex-parte order of eviction passed - Appeal filed beyond limitation - No application for condonation of delay or any affidavit explaining long and inordinate delay filed - Dismissed by Commissioner on account of delay and latches - Delay in filing appeal must be explained -..........
Limitation Act, 1963, Section 5 -- Condonation of delay in filing appeal - Plea of delayed knowledge of ex parte decree as came to know from Court official that case decided ex parte - Just an after thought when appeal filed through same counsel who had earlier pleaded No Instructions in lower Court - No sufficient cause to condone delay...........
Consumer Protection Act, 1986, Section 15 -- Appeal - Condonation of delay - Delay of 410 days in filing the appeal - Ground taken that applicant/appellant had no notice or information about the pendency of the complaint which was illegally allowed by the District Forum vide impugned ex parte order - Record of the District Forum revealing that the impugned order was sent..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay in filing appeal against ex parte decree - Appellant not party to suit but was impleaded in application U.O.39.R.2-A CPC - Appearance in contempt proceedings does not lead to inference about knowledge of passing of the decree - No evidence to prove that appellant came to know about ex parte decree earlier -..........
