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...........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay of 2298 days in filing special leave petition - Accused never approached for filing special leave petition and she was not willing to file the same before Supreme Court - Special leave petition has been filed merely in view of directions of National Legal Services Authority to provide free legal aid to needy..........
Limitation Act, 1963, Section 22 -- Limitation - Continuing breach - Every moment breach continues, a fresh period of limitation commences...........
Limitation Act, 1963, Article 55 -- Limitation - Continuing breach - Breach continues during the period fixed in the contract - On expiry of period of contract, breach ceases...........
Limitation Act, 1963, Article 55 -- Limitation - Continuing breach of contract - Suit for damages - Breach continues during period fixed in contract - On expiry of period of contract breach ceases - Breach was a continuing one, but during currency of contract - Breach cannot be said to continue thereafter since, period fixed by parties have expired - Suit could be..........
Limitation Act, 1963, Section 14(2) -- Exclusion of time u/s 14(2) of the Act - Applicability to execution petition - S.14(2) of the Act is applicable to execution proceedings, as though provision employs the expression "application", but S.2(b) of Limitation Act defines "application" to include a petition, hence, an execution petition would fall within its ambit...........
Limitation Act, 1963, Section 14 -- Exclusion of time u/s 14 of the Act - Where earlier proceeding was filed on last day of limitation and was returned for presentation before proper Court, litigant would not have any further time available for such presentation - Therefore, while calculating period of limitation in such circumstances, entire period during which first..........
Limitation Act, 1963, Section 14 -- Exclusion of time u/s 14 of the Act - S.14 of the Act does not extend to a case where Court which possesses jurisdiction erroneously declines to entertain proceeding on a mistaken perception or wrong application of legal principles - In such a situation, remedy available to aggrieved party lies elsewhere by way of a challenge before..........
Limitation Act, 1963, Section 14 -- Exclusion of period of pendency of first execution petition - Both the execution petitions were filed in very same Court - DH concedes that Court in which execution petitions were filed had jurisdiction to entertain petition, but that under an erroneous order it returned earlier one - Therefore, one of essential requirements of..........
