Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Defendant was duly served as he himself signed copy of summon - Period of limitation therefore, would commence from date of decree and not from date of knowledge - Application U.O.9.R.13 CPC was filed beyond the period of limitation and no application for condonation of delay of 6 years was..........
Limitation Act, 1963, Section 5, Succession Act, 1925, Section 388(2) - - Delay of 74 days in filing appeal u/s 388(2) of Succession Act - Appeal delayed due to ill advice of counsel - Application for condonation of delay is supported by an affidavit which was not controverted by non-applicants - Delay of 74 days condoned - Application allowed...........
Civil Procedure Code, 1908, Order 37, Rule 3(5) -- Summary suit for recovery - Leave to defend - Condonation of delay - Delay of 20 days in filing leave to defend - It cannot be said that defendant had unduly delayed filing leave to defend application - Adequate reasons were stated in application for condonation of delay by defendant - Delay in filing leave to defend..........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte decree - Setting aside - Condonation of delay - Delay of 547 days in filing petition to set aside ex parte decree - False ground set up to condone delay of 547 days in filing petition to set aside ex parte decree - There is no sufficient cause to condone delay as sought for -..........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte decree - Setting aside - Condonation of delay of 119 days - Plea that summons were served but same mingled with other papers due to which defendant could not appear in the case - During pendency of execution proceedings, substantial amount paid - Delay condoned - Ex parte decree set..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay of 993 days in filing appeal - Parties were attempting settlement and three years lapsed - Settlement failed and thereafter appeal was filed - Such a reason furnished for condoning enormous delay of 993 days is neither candid not convincing...........
Limitation Act, 1963, Section 5 -- Condonation of delay - Condonation of delay is an exception and power of discretion is to be exercised by Courts cautiously and by recording reasons - Huge delay cannot be condoned without recording reasons for condonation of such delay - Power of discretion is to be exercised judiciously, so as to ensure that such discretionary powers..........
Civil Procedure Code, 1908, Order 37, Rule 3 - - Recovery suit - Leave to defend - Delay - Condonation of delay - Separate application to condone delay not absolutely necessary - Once some reasoning is given in the application seeking leave to defend suit, Court is required to go into grounds of delay, consider them and then pass a reasoned order accepting or rejecting..........
Limitation Act, 1963, Section 5 -- Condonation of delay is a matter of judicial discretion, which must be exercised judiciously and reasonable in facts and circumstances of a case...........
West Bengal Premises Tenancy Act, 1997, Section 7(1), Limitation Act, 1963, Section 5 -- Eviction petition - Delay in depositing admitted arrear of rent - Condonation of delay - Applicability of S.5 of Limitation Act - Deposit of rent along with application for determination of dispute is a pre-condition to avoid eviction on ground of non-payment of arrears of rent..........
