Limitation Act, 1963, Section 5 -- Condonation of delay - Delay of more than 3 years in filing appeal - No evidence was produced by petitioner for condoning delay apart from making a bald statement that he was mentally upset and not aware of proceedings - Delay cannot be condoned mechanically in absence of sufficient cause - Considering that there is an inordinate delay of..........
Civil Procedure Code, 1908, Order 22, Rule 4 -- Substitution of LRs - Sole defendant was not alive on the date of institution of suit - Plaintiff came to know about the death of sole defendant only when memo was filed - Mistake was bonafide one made in good faith by impleading a deceased defendant in the suit originally instituted - Delay in filing application for..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay in filing substitution application - Trial Court condoned delay on sufficient cause being shown i.e Corona Pandemic - Exercise of discretion by trial Court in a judicial manner which advances the cause of justice - No inference warranted in said findings of trial Court - Delay rightly condoned...........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay of 105 days in filing appeal - Counsel for appellant for whatever reason chose not to file and/or genuinely forgot to file the appeal - Litigant cannot be made to suffer on account of conduct/inaction of counsel - Moreover, once the inaction came to light, she has taken a stand, changed the counsel and has..........
Limitation Act, 1963, Section 5, Commercial Courts Act, 2015, Section 13 -- Condonation of delay - Delay of 156 days in filing commercial appeal - Sufficient cause is disclosed for delay in filing appeal - Delay condoned subject to payment of costs of Rs.10,000 to defendant...........
Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Order 9, Rule 13 -- Condonation of delay - Delay in filing application U.O.9.R.13 CPC - Claim of being alcoholic patient is not a sufficient cause to condone the delay of his inaction in filing written statement - Delay not condoned...........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay is not liable to be condoned merely because some persons have been granted relief on the facts of their own case...........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay is not liable to be condoned merely because some persons have been granted relief on the facts of their own case...........
Civil Procedure Code, 1908, Order 9, Rule 7, Limitation Act, 1963, Section 5 -- Ex parte order - Setting aside - Condonation of delay of 14 years - No satisfactory or reasonable ground given by appellant explaining delay - Appellant has been grossly negligent in pursuing the matter before trial Court - Delay cannot be condoned - Application U.O.9.R.7 CPC rightly rejected...........
Limitation Act, 1963, Section 5 -- Condonation of delay - Length of delay is a relevant matter which Court must take into consideration while considering whether delay should be condoned or not...........
