Civil Procedure Code, 1908, Order 7, Rule 14 -- Production of documents - Documents in question appears to be relevant for adjudication of lis - Explanation furnished by petitioner for delay that applicant was suffering from cancer and due to said ailment could not provide documents to his lawyer at appropriate stage constitutes sufficient cause u/s 5 of Limitation Act -..........
Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Order 22 -- Condonation of delay - Delay in filing application for substitution - Neither O.22 CPC nor Limitation Act provides that application u/s 5 of Limitation Act must be filed along with application for substitution...........
Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Order 22 -- Condonation of delay - Delay in filing application for substitution - There cannot be a deliberate delay on the part of plaintiff in filing substitution application - In delay condonation application, it has been stated that Pairokar of plaintiff went out of station who was power of attorney holder on..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by limitation - Limitation is a mixed question of law and fact and unless the same is patently and unequivocally clear, it cannot form a ground U.O.7.R.11 CPC for non-suiting a plaintiff...........
Auction sale -- Setting aside - Non-filing of application u/ss 37-A or 38 of Revenue Recovery Act - Auction sale took place on 29.07.2005 and confirmation of sale was made on 23.07.2008 - Appellant admittedly did not file any application before competent authority within 30 days limitation prescribed u/ss 37-A or 38 of Revenue Recovery Act - Therefore, bar of limitation..........
Transfer of Property Act, 1882, Section 58, 60, Limitation Act, 1963, Article 61 -- Usufructuary mortgage - Redemption - Limitation - Period of limitation in usufructuary mortgage does not run from the date of creation of mortgage but from the date of payment of mortgage either out of usufructuary or partly out of usufructuary or partly on payment of deposit by mortgager -..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Sufficient cause - Mere allegation of non-communication by counsel cannot be a sufficient ground to invoke S.5 of Limitation Act...........
Limitation Act, 1963, Section 5 -- Condonation of delay - Sufficient cause - Negligence, inaction or lack of diligence on the part of counsel is not a sufficient cause for condonation of inordinate delay...........
Civil Procedure Code, 1908, Order 9, Rule 9, Limitation Act, 1963, Section 5 -- Restoration of suit - Dismissed in default - Condonation of delay - Reasons given by appellant for her non-appearance and delay are bona fide and constitute sufficient cause - Trial Court has erred in rejecting restoration application on technical grounds, thereby depriving appellant of an..........
Limitation Act, 1963, Section 5, 0, Condonation of delay -- Petition for condonation of delay not objected by other side - Period of 26 days of delay is very minimum - Application allowed...........
