Civil Procedure Code, 1908, Order 22, Rule 4, Limitation Act, 1963, Section 5 -- Money suit - Death of defendant - Delay in bringing on record L.R's - Close relations not disclosing names and addresses of legal representatives - Attempt by Bank to find out particulars taking time of seven months - Sufficient cause for delay made out - Delay is condoned, abatement set aside..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Non availability of the file of the case to the State Counsel or panel lawyer - Not a ground for condonation of inordinate delay of 535 days...........
Civil Procedure Code, 1908, Order 21, Rule 97, 98, 99, 100, 101, 102, 103, 104, 105, 106, 107, 108 -- Objections which are frivolous and intended to delay the process of law - Ought to be rejected at the threshold as being abuse of the process of law...........
Civil Procedure Code, 1908, Section 47, Order 21 -- Frivolous objections in execution intended to delay process of law - Ought to be rejected at the threshold as being abuse of process of law - Not incumbent on Executing Court that it must put to trial every objection filed to execution proceedings - Granting of opportunity to objector to prove his case - Does not amount..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendment sought already mentioned in the plaint and by sheer oversight the plaintiff did not co-relate the averments in the plaint schedule - Clarificatory amendment seeking to give more particulars of facts already stated or amendment to supply inadvertent omission can be permitted if no injustice is..........
Punjab Tenancy Act, 1887, Section 82(1), 83 - - Delay of almost five years in filing review application, condonation of - Plea about ignorance of proceedings and order came to knowledge after many years and review application filed immediately thereafter - Not tenable as petitioner appearing regularly in hearings during course of proceedings in revision - Cannot claim..........
Consumer Protection Act, 1986, Section 1,2(d),2(o),2(r) -- Act protects a consumer against services rendered even by statutory bodies - A development authority while developing land or framing a scheme for housing - Discharges statutory duty purpose and objective of which is service to citizens - Applicant for allotment of plot in a scheme advertised by HUDA - Can be..........
Prevention of Food Adulteration Act, 1954, Section 7(16), Criminal Procedure Code, 1973, Section 473 -- Second Complaint - Condonation of delay - Complaint filed after 3 years of the date on which sample was taken - Considering the facts of the case delay in filing the second complaint condoned - Case sent back to the trial Magistrate to proceed with the second complaint..........
Civil Procedure Code, 1908, Order 18, Rule 17-A -- Additional evidence - Suit by employee against the Government Department - Some documents issued by the Department sought to be produced by the plaintiff - Application rejected on ground of delay - Suit pending since 10 years and stay operating in favour of plaintiff - Same documents already allowed to be produced in the..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Medical Certificate issued by a doctor - Court cannot presume Medical Certificate to be forged one unless and until some material before Court to doubt the authenticity of Certificate...........
