Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte decree - Setting aside - Condonation of delay - Held, Court though having wide powers to condone delay but discretion to be exercised judiciously - None of defendants' witnesses explained delay, much less satisfactorily explained each day's delay - Delay cannot be condoned...........
Limitation Act, 1963, Section 5 -- Delay - Condonation - Length of delay is not very material - Even if there were some latches on the part of the litigant and explanation does not smack of mala fides or is not put forward as a dilatory tactics or is not put forward as a dilatory tactics, Court should lean in favour of applicant...........
Limitation Act, 1963, Section 5 -- Delay - Condonation - While deciding application for condonation of delay Court not to adjudicate upon the rights of the parties or pronounce upon the merits of the lis...........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay of 153 days in filing application to set aside ex parte decree - Delay deserves to be condoned when wife pleaded that she did not receive notice and when she is residing in another State...........
Limitation Act, 1963, Section 5 -- Delay - Condonation - Merely because the respondent is the State, delay in filing appeal or revision cannot and shall not be mechanically considered and in absence of `sufficient cause' delay shall not be condoned...........
Limitation Act, 1963, Section 5 -- Condonation of delay - Applicant not coming to Court with clean hands - Application rightly rejected...........
Civil Procedure Code, 1908, Order 22, Rule 9, Limitation Act, 1963, Section 5 -- Application to bring LR on record - Delay of 1216 days - Condonation - Petitioner No.1 stated that plaintiff No.2 died due to illness - Petitioner No.1 was not doing well and was unable to move due to his illness - On account of his ignorance and illness, he could not intimate death of..........
Consumer Protection Act, 1986, Section 15, 19 -- Appeal/Revision - Filed belatedly after the expiry of period of limitation - It was imperative to seek condonation of delay for some justifiable reason - In the absence of valid justification for condoning delay Commission had no other option but to dismiss the appeal/revision...........
Civil Procedure Code, 1908, Section 5, Order 9, Rule 13(As - - Ex parte decree - Setting aside - Delay - Condonation - Application for setting aside ex parte decree can be filed even after the prescribed period of limitation, if the applicant satisfies the Court that he was prevented by sufficient cause from filing the application within prescribed time...........
Limitation Act, 1963, Section 5 -- Condonation of delay - Order of allotment void ab initio - Held, Collector rightly condoned delay in favour of respondent No.5 whose valuable right had been denied by prescribed authority...........
