Limitation Act, 1963, Section 5 -- Delay - Condonation - Delay of 1373 days in filing appeal - Delay by Government officials or public servants - When delay is to defeat justice then in view of larger public interest, Court should take a lenient view in such situations and should condone the delay, howsoever huge may be the delay and have the matter decided on matters...........
Civil Procedure Code, 1908, Order 22, Rule 3, 9 -- Death of plaintiff - Substitution of L.R's - Condonation of delay - Application filed by daughter/respondent after 11 years of death of her father/plaintiff - However, period of limitation for moving such application is 90 days u/art 120 of Limitation Act - More so, respondent had full knowledge of death of her father and..........
Civil Procedure Code, 1908, Order 23, Rule 3, 3A -- Compromise decree - Setting aside - Condonation of delay - Denial of signatures by defendant on the vakalatnama and compromise as summons were not issued to him - Burden was on plaintiff to prove that compromise as well as vakalatnama was genuine - Since no evidence has been adduced in this respect by plaintiff,..........
Civil Procedure Code, 1908, Order 22, Rule 4, 9 -- Abatement - Delay in bringing on record the LRs of defendant - Condonation of delay - On sufficient cause, delay in bringing LRs of deceased party should be condoned - Procedure is meant only to facilitate the administration of justice and not to defeat the same - Delay condoned - Appeal restored...........
Limitation Act, 1963, Section 5 -- Condonation of delay - Liberal view be taken - Ignorance of party or delay on part of lawyer in filing revision petition are sufficient cause to condone the delay - Justice should not be defeated on mere technical grounds...........
Limitation Act, 1963, Section 5 -- Condonation of delay - Where a party is found to be negligent, or there is want of bona fides on his part, or found to have not acted diligently or remained inactive, there cannot be a justifiable ground to condone the delay...........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay of 14 days in filing intra-Court appeal - Period of limitation prescribed u/art 117 of Limitation Act for filing intra-Court appeal is 30 days - Explanation given for delay of 14 days is reasonable and sufficient for condoning delay - Alleged delay of 14 days is not so unreasonable and gross so as to shut out..........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Article 123 -- Ex parte decree - Setting aside - Delay of about two years in filing application - Defendant appeared in the case of his own and thereafter was proceeded ex parte - Held, application is barred by limitation and in the absence of any supporting application for seeking condonation of delay,..........
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 18(2), Recovery of Debts Due to Banks and Financial Institutions Act, 1993, Section 20(3) -- Appeal - Condonation of delay - Power of Appellate Tribunal - Delay in filing an appeal u/s 18(1) of Act can be condoned by Appellate Tribunal u/s 20(3) of RDB Act R/W..........
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 18(2), Recovery of Debts Due to Banks and Financial Institutions Act, 1993, Section 20(3) -- Appeal - Condonation of delay - Period of limitation for filing appeal u/s 18 of SARFAESI Act is 30 days as against 45 days u/s 20 of RDB Act - However, there is no express..........
