Limitation Act, 1963, Section 5, 3 -- Limitation - Law as to - (i) Law of limitation is based upon public policy that there should be an end to litigation by forfeiting the right to remedy rather than the right itself; (ii) A right or the remedy that has not been exercised or availed of for a long time must come to an end or cease to exist after a fixed period of time;..........
Civil Procedure Code, 1908, Order 9, Rule 7, Limitation Act, 1963, Section 5 -- Ex parte order - Setting aside - Condonation of delay of 14 years - No satisfactory or reasonable ground given by appellant explaining delay - Appellant has been grossly negligent in pursuing the matter before trial Court - Delay cannot be condoned - Application U.O.9.R.7 CPC rightly rejected...........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay of 264 days in filing revision - No reasonable or plausible explanation has been furnished by applicant to condone delay - Application apart from bereft of any specific details/particulars which may reflect bona fide on the part of applicant in pursuing the case, rather reflects a deliberate attempt on the..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Length of delay is a relevant matter which Court must take into consideration while considering whether delay should be condoned or not...........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay of 12 years 158 days in filing application for restoration of Writ Petition - Appellants have failed to prove that they were reasonably diligent in prosecuting the matter - Delay should not be excused as a matter of generosity - Delay cannot be condoned...........
Limitation Act, 1963, Section 5 -- Condonation of delay - Length of delay is a relevant matter which Court must take into consideration while considering whether delay should be condoned or not...........
Limitation Act, 1963, Section 5 -- Condonation of delay - While considering the plea for condonation of delay, Court must not start with the merits of the main matter - Court owes a duty to first ascertain the bona fides of the explanation offered by the party seeking condonation - It is only if the sufficient cause assigned by the litigant and opposition of other side is..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Once it is held that a party has lost his right to have the matter considered on merits because of his own inaction for long, it cannot be presumed to be non-deliberate delay and in such circumstances of the case, he cannot be heard to plead that substantial justice deserves to be preferred as against the technical..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay of 12 years and 158 days in filing restoration application - Litigation between parties started sometime in 1981 - Almost 43 years have elapsed - However, till date respondent has not been able to reap the fruits of his decree - It would be mockery of justice if delay of 12 years and 158 days is condoned -..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay in filing application for restoration of suit dismissed in default - Petitioner pleaded that she is a diabetic patient and was taking treatment from hospital - However, ailments which have been mentioned are not such which would restrain petitioner from diligently prosecuting her case - Moreover, nothing..........
