Limitation Act, 1963, Section 5 -- Condonation of delay - Pragmatic view should be taken - If refusal to condone delay results in grave miscarriage of justice, it would be a ground to condone the delay...........
Limitation Act, 1963, Section 5 -- Condonation of delay - Suit for recovery of money - Suit decreed - Delay in filing appeal - Delay condoned with direction to deposit half of the decretal amount and permitted plaintiff to withdraw half of the amount so deposited - Order upheld...........
Civil Procedure Code, 1908, Order 22, Rule 3, 4 -- Abatement of suit - Substitution of legal representative - Application for - Condonation of delay - Initial application was filed within the period of limitation which was dismissed on technical ground - Second application was filed with a prayer for condonation of delay - In second application, a prayer for setting aside..........
Limitation Act, 1963, Section 5 -- Delay - Condonation - Cause shown for not approaching Court within limitation that petitioner was not physically fit and remained in hospital for some day - Held, cause shown is not sufficient as it was not necessary for the petitioner to come to Court personally...........
Consumer Protection Act, 1986, Section 23, Limitation Act, 1963, Section 5 -- Consumer matter - Condonation of delay - Held, while dealing with application for condonation of delay in consumer matters, Court must keep in mind special period of limitation prescribed under the Statute...........
Delhi Rent Control Act, 1958, Section 25B, Civil Procedure Code, 1908, Order 37, Rule 4, Limitation Act, 1963, Section 5 -- Eviction proceedings - Bona fide need - Leave to defend - Condonation of delay - Recalling of order - Held, S.25B of DRCA which provides for summary trial of applications for eviction on ground of bona fide requirement is a code in itself - Rent..........
Civil Procedure Code, 1908, Section 115 -- Revisional powers - Exercise of - Delay and laches - Revision applicants did not file any application for condonation of delay in revision proceeding - Observation of revisional authority that there is no time limit or limitation provided for filing revision application - Held, observation is contrary to law - In absence of any..........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte decree - Application for setting aside - Delay of 792 days - Condonation - Written statement was already filed within time - Suit itself is for seven pro-notes - Petitioner would state that because of the communication gap between himself and his Advocate and that too because of his..........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte decree - Setting aside - Condonation of delay - Suit for partition among near relatives and ex-parte decree was passed - Held, delay could be condoned, by way of giving an opportunity to defendants, in the interest of audi alteram partem, subject to payment of total cost of Rs.5000/-..........
Civil Procedure Code, 1908, Order 22, Rule 9, Limitation Act, 1963, Section 5 -- Application for setting aside abatement - Condonation of delay - Application filed by applicants for bringing them on record as heirs and LRs of deceased appellant after a period of 11 years - Proposed LRs No.3(a) has signed the affidavit in English - A bare perusal of Vakalatnama signed by..........
