Limitation Act, 1963, Section 5 -- Condonation of delay - Sufficient cause - Delay of 127 days in filing appeal - Main plaintiff, Karta of family who was prosecuting proceedings at time of judgment was seriously ill and subsequently died - Delay in filing appeal is neither deliberate nor outcome of malafide action - Delay condoned...........
Limitation Act, 1963, Section 5 -- Condonation of delay - Court shall adopt justice oriented approach in considering application for condonation of delay - Court while allowing such application has to draw distinction between delay and inordinate delay for want of bonafides of inaction or negligence which will deprive a party of the protection of S.5 of the Act...........
Limitation Act, 1963, Section 5 -- Condonation of delay - If explanation is sufficient enough to cover entire period of delay, it is immaterial that number of days of delay is not expressly pleaded or stated in the petition...........
Haryana Panchayati Raj Act, 1994, Section 176, Limitation Act, 1963, Section 5, 14 -- Election petition - Election was held on 24.01.2016 and results was also declared on same day - Limitation to file election petition is 30 days - Writ petition was filed within period of limitation i.e. 11.02.2016 which was disposed of to avail statutory remedy on 15.02.2016 - Election..........
Punjab Agriculture Produce Markets (General) Rules, 1963, Rule 31(3)(ii) -- Appeal - Remedy cannot be allowed to be taken by petitioner because order of assessing officer is appealable under statutory Rules and that appeal has been filed by petitioners after expiry of huge delay i.e. 3 years while limitation provided is of 60 days and petitioners event did not care to file..........
Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Order 9, Rule 13 -- Condonation of delay - Ex parte decree - Setting aside - Petitioner has knowledge of proceedings of suit and decree from the very inception, as the petitioner's son contested the suit and both of them contested the other suit jointly through same Advocate - Moreover, delay is not so small but..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay of six and half months in filling appeal - Plea taken by petitioner that delay has occurred as his wife was ill is not substantiated from any evidence - Suit for eviction decreed on 26.08.2014 and petitioner could not point out any document with respect to treatment of wife of petitioner after date of decision..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay of six and half months in filling appeal - Petitioner was tenant in premises and petitioner was in arrears of rent which were not paid during pendency of rent petition - Suit for recovery against petitioner was decreed and petitioner has preferred appeal against eviction order - Appellate Authority has stayed..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aide - Suit for declaration - Summons not personally served upon defendant, as plaintiff himself signed as witness of service of summons and no independent witness signed on summons - Contention of plaintiff that defendant engaged two counsels which proves the knowledge of decree on the part of..........
Limitation Act, 1963, Section 5 -- Delay - Condonation - Day to day delay not explained - Appeal against ex parte decree - Plea that defendant came to know about passing of the decree from plaintiff and said plea not controverted - When substantial justice and technical considerations are pitted against each other, cause of substantial justice deserves to be preferred -..........
