Limitation Act, 1963, Section 5 -- Condonation of delay - Where there is a specific provision of law, S.5 of the Act cannot be invoked...........
Civil Procedure Code, 1908, Section 41, Limitation Act, 1963, Section 5, Article 137 -- Condonation of delay in filing appeal - Limitation - Provision of Art.137 of Limitation Act is applicable to an application filed U.O.41.R.3-A CPC - Invocation of S.5 of Limitation Act to condone said delay beyond 3 years as stipulated u/art 137 of Limitation Act is automatically..........
Civil Procedure Code, 1908, Order 9, Rule 9, Limitation Act, 1963, Section 5 -- Restoration of suit - Condonation of delay - Delay of 1-1/2 years in filing application for restoration - However, delay in filing application is well explained even though application is not supported with an affidavit of law officer concerned - Moreover, property in question is worth crores..........
Limitation Act, 1963, Section 5 -- Condonation of delay - While considering plea for condonation of delay, first and foremost duty of Court is to first ascertain bona fides of explanation offered by party seeking condonation rather than starting with merits of main matter - Only when sufficient cause or reasons given for delay by litigant and opposition of other side is..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Filed under different provisions of law - Said provisions when provide concurrent remedies through different mechanisms and if application filed under one provision has already been dismissed by a Court of competent jurisdiction, by applying its judicial mind and held that reasons for delay were not sufficient, a..........
Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Order 41, Rule 3A -- Condonation of delay - Delay of 1116 days in filing appeal - Respondents raised very same grounds which were raised in earlier round of litigation and delay was not condoned - Grounds put forth were insufficient to constitute `sufficient cause' u/s 5 of Limitation Act - Application dismissed...........
Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Section 114, Order 47, Rule 1 -- Condonation of delay in filing review application - Appellants were suffering from diabetes and hyper tension which is not sufficient ground for condoning delay in filing review application...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Reasons for delay were well explained in application U.O.9.R.13 CPC and thereafter application u/s 5 of Limitation Act was also submitted for condonation of delay - Application U.O.9.R.13 CPC was not defective - Moreover, delay was hardly of six days and same was explained by petitioners - Ex..........
Limitation Act, 1963, Section 5 -- Condonation of delay in filing appeal - Land acquisition proceedings - Delay is not a reason to deny land losers their compensation which is just, fair and reasonable for the land they have lost, particularly when delay caused without fault of land losers - Delay condoned...........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte decree - Setting aside - Condonation of delay - Neither did respondent No.1 and co-respondents nor so-called attending doctor of respondent No.1 stepped into witness box to prove that respondent no.1 was ill - Assuming that respondent No.1 was so sick which prevented him from..........