Limitation Act, 1963, Section 5 -- Condonation of delay - Delay in filing appeal - Appeal has been filed after an inordinate delay of 26 years - Admittedly, no notice was issued and appeal was admitted on first day of hearing without issuance of notice to petitioner - Appellate authority has not only ignored the provisions envisaged under the Act but also overlooked..........
Civil Procedure Code, 1908, Order 22, Rule 3, Limitation Act, 1963, Section 5 -- Substitution of Legal heirs - Death of plaintiff no.1 - Condonation of delay - Matter was referred to meditation which could not be settled - Respondents being heirs of deceased plaintiff no.1 would be entitled to benefit of result of suit - It is not relevant whether they were parties to..........
Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Impleadment of a third party - Suit for declaration that sale deed is null and void - Applicant sought his impleadment on the basis of agreement to sell - However, he has not got any direct or legal interest involved in controversy in suit and that too when suit for specific performance or suit for declaration of a sale..........
Insolvency and Bankruptcy Code, 2016, Section 61(2) -- Appeal - Appeal against order of NCLT shall be preferred within a period of 30 days from the date on which the order was passed by NCLT - However, Appellate Tribunal has the power to extend period of limitation by another 15 days - Appellate Tribunal thus, committed an error in issuing notice in an appeal with delay of..........
Limitation Act, 1963, Article 61(a) -- Limitation - Redemption of mortgage - Mortgagor has right of redemption for a period of thirty years - Restricting period of limitation for redemption amounts to clog on the equity of redemption...........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay of 2 years 29 days in filing application to restore suit dismissed in default - Plaintiffs were not informed by advocate representing them about dismissal of suit - Immediately on coming to know about such dismissal of suit, plaintiffs acted upon and filed necessary application - Delay condoned subject to cost..........
Arbitration and Conciliation Act, 1996, Section 11(6) -- Appointment of arbitrator - Application u/s 11(6) of the Act filed after 32 years from the date of completion of work - Appellant who served legal notice invoking arbitration clause and requesting for appointment of an arbitrator after a period of approximately 32 years - Appellant cannot contended that his..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay of 546 days in filing appeal - Unaware of disposal of suit for a long period of 2 years does not amount to sufficient cause - Negligent attitude on the part of petitioner in pursuing the matter during course of trial proceedings in the suit as well as in preferring appeal is borne by record - Delay not..........
Civil Procedure Code, 1908, Order 7, Rule 11, Limitation Act, 1963, Article 58 -- Rejection of plaint - Suit for declaration - Suit covered under Art.58 of Limitation Act - Suit not filed within three years when right to sue first accrued - Plaint rightly rejected...........
Limitation Act, 1963, Article 109 -- Alienation in this article includes gift...........
