Limitation Act, 1963, Section 5 -- Condonation of delay - Govt. bodies, their agencies and instrumentalities - Unless having reasonable and acceptable expalanton for the delay and that there was bona fide effort, there is no need to accept the usual explanation that the file was kept pending for several months/years due to considerable degree of procedural red tape in the..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Sufficient cause - Governing principles - (i) There should be a liberal, pragmatic, justice-oriented, no, pedantic approach while dealing with an application for condonation of delay, for the courts are not supposed to legalise injustice but are obliged to remove injustice; (ii) The terms "sufficient cause" should..........
Limitation Act, 1963, Section 5 -- `Sufficient cause' - Meaning of - Held, `sufficient cause' means that party should not have acted in a negligent manner or there was a want of bona fide on its part in view of the facts and circumstances of a case or it cannot be alleged that party has "not acted diligently" or "remained inactive"...........
Limitation Act, 1963, Section 5 -- Condonation of delay - Exercise of power by Court - Held, where a case is presented in Court beyond limitation applicant has to explain as to what was `sufficient cause' which means an adequate and enough reason which prevented him to approach Court within limitation - If a party is found to be negligent or for want of bona fide on his..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay of about one year - Material facts suppressed by appellant - Appellant has not come to Court with clean hands - Delay explained was wholly unsatisfactorily - Prayer rejected...........
Limitation Act, 1963, Section 5 -- Condonation of delay - Wrong legal advice - Bonafide advice given by counsel after due care and attention may constitute sufficient cause for condonation of delay if acted upon by a party in good faith but it is not the law that the delay should invariably be condoned simply because it is asserted that it was caused on account of some..........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte decree - Setting aside - Condonation of delay - Held, Court though having wide powers to condone delay but discretion to be exercised judiciously - None of defendants' witnesses explained delay, much less satisfactorily explained each day's delay - Delay cannot be condoned...........
Limitation Act, 1963, Section 5 -- Delay - Condonation - Length of delay is not very material - Even if there were some latches on the part of the litigant and explanation does not smack of mala fides or is not put forward as a dilatory tactics or is not put forward as a dilatory tactics, Court should lean in favour of applicant...........
Limitation Act, 1963, Section 5 -- Delay - Condonation - While deciding application for condonation of delay Court not to adjudicate upon the rights of the parties or pronounce upon the merits of the lis...........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay of 153 days in filing application to set aside ex parte decree - Delay deserves to be condoned when wife pleaded that she did not receive notice and when she is residing in another State...........
