Civil Procedure Code, 1908, Order 41, Rule 19, Limitation Act, 1963, Section 5 -- Restoration of appeal dismissed in default - Condonation of delay of 5250 days - When delay of long period of time is sought to be condoned, Court should not rule out involvement of third parties in litigation - Court, in fact, should presume that third party rights may have been created..........
Agreement to sell -- Specific performance - Agreement to sell though denied by defendant, but Courts below have recorded finding on the basis of evidence on record that there was valid execution of agreement - Suit was filed within limitation - Finding of continuous readiness and willingness is also in favour of plaintiff - Suit rightly decreed in favour of plaintiff...........
Civil Procedure Code, 1908, Section 96, 115 -- Appeal/revision - Limitation - Period of limitation prescribed for preferring appeal or revision as the case may be starts running from the date when such judgment become effective as soon as they are dated and signed by judge and not from the time of actual delivery of judgment...........
Limitation Act, 1963, Section 5 -- Condonation of delay - Merely writing one line that application u/s 5 of the Act is allowed, does not serve the purpose or fall within the ambit of a reasoned order - Order allowing application set aside - Matter remanded...........
Succession Act, 1925, Section 276, 278, Limitation Act, 1963, Article 137 -- Probate/Letters of administration - Limitation - Very nature of proceedings and nature of cause which is continuous would entitle appellant to get letters of administration or Probate of property on basis of Will executed by testator - Application for probate of Will cannot be treated as barred by..........
Limitation Act, 1963, Section 5, Commercial Courts Act, 2015, Section 13(1A) -- Condonation of delay - Delay of 154 days in filing appeal - Plea of physical ailments of proprietor duly supported by medical evidence, factum of passing of order impugned coming into light by way of inquiry conducted by a subsequently engaged counsel, coupled with a very significant aspect..........
Criminal Procedure Code, 1973, Section 473 -- Condonation of delay - Delay should not be condoned as a matter of routine without sufficient reasons - Court while condoning delay has to record reasons for its satisfaction and same must reflect in the order - Extension of period of limitation merely on ground that it is necessary to do so in the interest of justice and not..........
Civil Procedure Code, 1908, Order 22, Rule 3, 9(2), Limitation Act, 1963, Section 5 -- Impleadment of L.R's - Non substitution - Abatement of appeal - Application for impleadment filed without accompanied by an application for condonation of delay - Nearly two months later application filed U.O.22.R.9(2) r/w S.5 Limitation Act - This sequence of filings, devoid of timely..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for specific performance and permanent injunction - Amendment sought to incorporate the fact that registered sale deed executed by defendant no.1 in favour of defendant no.2 is not binding on plaintiff and is null and void - Plaintiff not sought amendment within reasonable time despite defendants..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Condonation of delay is a matter of discretion of Courts and S.5 of the Act does not say that such discretion can be exercised only if delay is within a certain limit...........
