Limitation Act, 1963, Section 5 -- Condonation of delay - Delay of 161 days in filing appeal - Sufficient cause is shown for delay - Even, none came forward to oppose the application - Delay condoned...........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Setting aside ex parte decree and condonation of delay are different on the basis of facts and events - These proceedings must be adopted and pursued independently...........
Civil Procedure Code, 1908, Section 151, Order 9, Rule 4, Limitation Act, 1963, Section 5 -- Restoration of suit dismissed in default - Condonation of delay - Suit dismissed at the initial stage on the ground that Court fee was not deposited - Sufficient ground is made out for condonation of delay - Suit was not admitted as yet - There is thus, no need for issuing notice..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay of 176 days in preferring appeal - Entire delay was caused in the legal department of government or in the office of its learned lawyer - Litigant should not be penalized for any fault on the part of his lawyer - Delay condoned...........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay of 109 days in filing restoration petition - Plaintiff wilfully delaying the process - Conduct of plaintiff throughout proceedings indicates an indifferent attitude to proceed with the case and had intended to keep the litigation alive - Trial Court ought not to have allowed application for condonation of..........
Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Section 100 -- Condonation of delay - Delay of 2868 days in filing second appeal - No satisfactory or reasonable explanation constituting sufficient cause given for condoning inordinate delay - Only plea taken by applicant is that he was requesting his brother for amicable settlement - However, when litigation..........
Civil Procedure Code, 1908, Order 22, Rule 3, 4 -- Substitution - An application for substitution is to be filed within 90 days of death and if not filed, to file an application for setting aside abatement within 60 days and if that too is not filed, to file requisite applications for substitution and setting aside abatement with an accompanying application for condonation..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay of 43 years in filing appeal - Delay of 43 years is ex facie unpardonable in view of explanation given as lack of education - Application dismissed...........
Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Section 100 -- Condonation of delay - Delay of 225 days in filing second appeal - Appellant had sufficiently explained the reasons leading to a delay of 225 days in preferring second appeal - Once appellant became aware about dismissal of her first appeal, she exhibited haste and preferred second appeal - Delay..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - When scope of second appeal is limited to examining of order of Appellate Tribunal declining condonation of delay, High Court ought not to have commented upon merits of the case, particularly when merits of case was not touched upon by Appellate Tribunal...........
