Limitation Act, 1963, Section 5 -- Condonation of delay - Delay can be condoned even without filing a separate application for condonation of delay, if delay is otherwise explained in the affidavit filed in support of an application for restoration of suit...........
Limitation Act, 1963, Section 5 -- Condonation of delay - Time barred suit - There is no provision in Limitation Act for condoning delay in filing suit...........
Limitation Act, 1963, Section 5 -- Condonation of delay - Applies to the stages subsequent to institution of a valid suit and those proceedings which are construed as continuation of suit and not for seeking condonation of delay in filing a time barred suit...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte Decree - Setting aside - Non-receipt of notice - Condonation of delay - Merely because instead of word `Secretary' word `Manager' had been written on the address which was otherwise complete - It would not be sufficient to hold that no, applicant college was not served, more particularly when the notices sent by..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Application for condonation of delay listed and dismissed on the same day for default - Certified copy of said dismissal order applied after 7 months - Application not filed even on the day when certified copy of dismissal order was supplied to petitioner - Ground of illness of one of petitioners raised for such..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay of 481 days - Delay attributed to moving of file from one Department/officer to the other - Not sufficient explanation for condoning such an abnormal delay...........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay of 35 days in filing first appeal - Application for condonation of delay filed on the grounds that appellant was suffering from Typhoid and could not attend his work due to weakness and severe cervical pain - He filed affidavit and medical certificate - Held, since valuable rights of petitioner-plaintiff in..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Where petitioner does not speak truth and comes to Court with unclean hands, his application for condonation of delay cannot be entertained...........
Limitation Act, 1963, Section 5 -- Condonation of delay - Existence of sufficient cause is a condition precedent to condone the delay irrespective of the length of delay...........
Limitation Act, 1963, Section 5 -- Condonation of delay - Law of limitation may harshly affect a particular party but it has to be applied with all its rigour - Courts have no power to extend the period of limitation on equitable grounds...........