Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5, Article 123 -- Ex-parte decree - Setting aside - Condonation of delay - Limitation would reckon from date when ex-parte decree is passed by Court and not from date of knowledge of ex-parte decree - If the delay is explained to the extent that applicant was unaware of happenings in suit, Court..........
Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Section 96 -- Condonation of delay - Delay of 1825 days in filing appeal against ex parte decree - Defendant already exhausted remedy U.O.9.R.13 CPC - Appeal against ex parte decree filed after 5 years from dismissal of application U.O.9.R.13 CPC - Defendant can file an application U.O.9.R.13 CPC and a regular..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Re-presentation of plaint - Plaintiffs gave sufficient and valid reason for condoning delay in representation - Defendants admitted pendency of insolvency proceedings and suit filed by plaintiffs against them - Hence, reasons given by Court for rejecting contentions of plaintiffs is unjustified - Delay condoned -..........
Limitation Act, 1963, Section 5, Recovery of Debts Due to Banks and Financial Institutions Act, 1993, Section 25 -- Condonation of delay - Delay in payment of amount - Recovery of debt as per settlement reached in Lok Adalat - Parties agreed that if amount not paid within time schedule than bank will be at liberty to recover entire amount due - However, if agreed amount..........
Registration Act, 1908, Section 25 -- Registration - Presentation of document - Condonation of delay - Power of registrar of documents u/s 25 of the Act, is not available for invoking after expiry of eight months from date of execution of document...........
Hindu Marriage Act, 1955, Section 23 -- A wrongdoer should not be permitted to take advantage of his or her own wrong - It is not only responsibility but a duty is cast on Court to satisfy itself that requirements of law in the Act are fully met and safeguards provided u/s 23 of the Act are duly observed - Terms on which emphasis has been laid upon are connivance,..........
Civil Procedure Code, 1908, Order 22, Rule 9 -- Abatement - Condonation of delay - In construing `sufficient cause' vis-a-vis an application U.O.22.R.9 CPC, strict and pedantic approach not desirable and Courts are expected to make sincere endeavour to allow condonation of delay in the interest of justice and fair play...........
Civil Procedure Code, 1908, Order 22, Rule 9 -- Abatement of appeal - Condonation of delay - Death of plaintiff - Plaintiff being trustee of suit property filed suit though not instituted in the name of trust - But suit property is allegedly shown in the name of Trust - Applicant claiming himself to be authorized or working Trustee of suit property - Application by..........
Motor Vehicles Act, 1988, Section 166, Limitation Act, 1963, Section 5 -- Appeal for enhancement of compensation - Delay of 601 days - Condonation of delay - It is evident from application for condonation of delay that appellant was not aware of limitation to file appeal on first instance and on second instance appellant stated that he has handed over documents to counsel..........
West Bengal Premises Tenancy Act, 1997, Section 7(2), Limitation Act, 1963, Section 5 -- Rent and eviction - Arrears of rent - Application for condonation of delay u/s 5 of Limitation Act for delay in depositing rent - When there is default during pendency of suit for making deposit or payment in respect of current rent, it may be protected u/s 7 of the Act - Therefore,..........
