Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Order 9, Rule 13 -- Condonation of delay - Delay of 5767 days in filing application to set aside ex parte decree - Suit for specific performance - No summons were served on defendant - Defendant is an illiterate and pardanashin lady and she only affixes her thumb impression - There is some sort of..........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte decree - Setting aside - Condonation of delay of 378 days - Suit for recovery of money - Ex parte decree set aside on condition of deposit of entire decretal amount alongwith interest as on date - Defendant granted one opportunity to prove his defence...........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte decree - Setting aside - Condonation of delay - Specific stand taken by defendant in her delay condonation application that in absence of any notice regarding transfer of suit, she had no knowledge about proceedings - Defendant further contended that when she learnt about ex parte..........
Civil Procedure Code, 1908, Order 37, Rule 3(5) -- Summary suit for recovery - Leave to defend - Condonation of delay - Delay of 20 days in filing leave to defend - It cannot be said that defendant had unduly delayed filing leave to defend application - Adequate reasons were stated in application for condonation of delay by defendant - Delay in filing leave to defend..........
Civil Procedure Code, 1908, Order 37, Rule 3 - - Recovery suit - Leave to defend - Delay - Condonation of delay - Separate application to condone delay not absolutely necessary - Once some reasoning is given in the application seeking leave to defend suit, Court is required to go into grounds of delay, consider them and then pass a reasoned order accepting or rejecting..........
Civil Procedure Code, 1908, Order 9, Rule 9, Limitation Act, 1963, Section 5 -- Restoration of suit dismissed in default - Delay - Condonation - Delay of 28 days - Ground of ill-health - Dismissal of application U.O.9.R.9 CPC bars institution of fresh suit - However, if application itself contains sufficiency of reasons for condonation of delay then there is no necessity..........
Civil Procedure Code, 1908, Order 9, Rule 9, Limitation Act, 1963, Section 5 -- Restoration of suit dismissed in default - Delay - Condonation - Delay of 26 days - Ground of ill health - No documentary evidence in support thereof - Delay is not abnormal - Delay condoned subject to payment of costs of Rs.1,000/- - Suit restored...........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay of 222 days in filing the appeal - Plea of appellant that due to poverty she could not arrange for fee to engage counsel - Ex facie explanation sought to be tendered lacks bonfides as applicant being fully conscious of her rights and/or for redressal of her grievance had engaged a counsel and filed present..........
Civil Procedure Code, 1908, Order 22, Rule 4, 9, Limitation Act, 1963, Section 5 -- Abatement of suit - Delay in bringing on record LRs of deceased defendant - Condonation of delay - In deciding application for setting aside abatement of suit and condonation of delay in taking steps for substitution of LRs, a liberal approach should be taken so that substantial justice may..........
Civil Procedure Code, 1908, Order 22, Rule 4, 9, Limitation Act, 1963, Section 5 -- Abatement of suit - Delay in bringing on record LRs of deceased defendant - Condonation of delay - Neither plaintiff was aware of fact that defendant had expired on Sep. 2013 nor had he committed any intentional delay in filing application after Oct. 2015 - LRs of deceased defendant were..........
