Civil Procedure Code, 1908, Order 22, Rule 4, 9 -- One of the defendants died at first appellate stage - Decree of trial Court reversed in appeal - Application for substitution, condonation of delay and setting aside abatement filed in second appeal - Decree passed by lower appellate Court being against dead person set aside - Matter remitted back to first appellate Court..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Court should have a liberal approach in the matters of condonation of delay - Courts must apply the principles laid down in AIR 1987 SC 1353...........
Limitation Act, 1963, Section 5 -- Condonation of delay - Liberal view to be taken - Object is to enable Courts to do substantial justice...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte decree - Setting aside - Delay - Condonation - Application rejected taking note of vigour with which the petitioner was participating in various proceedings in various Courts - Order justified in revision...........
Civil Procedure Code, 1908, Order 41, Rule 3-A -- Time barred appeal - When presented without being accompanied by an application for condonation of delay - Appellant should be given a reasonable opportunity to remedy the defect instead of dismissing appeal in limine...........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay of day to day is to be explained by showing sufficient cause - Cause of delay which by due care and attention a party could have avoided, is not sufficient cause...........
Limitation Act, 1963, Section 5 -- Condonation of delay - On ground of illness -Treatment from a doctor who is not specialist - Not a ground to disbelieve...........
Limitation Act, 1963, Section 5 -- Condonation of delay - Application for condona-tion of delay must contain not only the cause which led to the delay in filing the appeal but also must contain all the relevant material which would enable the Court to determine that the applicant, despite due diligence, was prevented from filing the appeal within limitation...........
Civil Procedure Code, 1908, Order 41, Rule 5(3)(c), Limitation Act, 1963, Section 5 -- Condonation of delay - Allowed subject to deposit of entire decretal amount - Held, order is not legally sustainable as for condoning the delay in filing the appeal the only aspect to be considered would be as to whether there is sufficient cause or not for not preferring the appeal..........
Power of Attorney -- Death of principal - Power of attorney holder cannot continue suit proceedings unless he gets authorisation from legal representatives or assignees of deceased principal - Power of attorney holder filing application to implead LR's alongwith application for condonation of delay - Dismissed LR's not brought on record - Suit abated - Power of attorney..........
