Condonation of delay in gwop exparte order after 1198 days

some times for condonation of delay in section - 5 petition the party can enter into witness box and give evidence for delay in approaching the court. If court satsifies the evidence adduced by the party the court will condone the delay. Some times the court will condone the delay by imposing cost.

 

V E MANOJ KUMAR

ADVOCATE

CELL NO 8686159292

This is also one type of dragging proceedings.if court dismiss delay application they will approach higher court.it allows then case reopens umay approach higher court .so it is better to submit memo to allow application on cost and to adduce evidence immediately and to pronounce judgement.u have to know that litigation never ends if any one says I will end litigation then he is in the Dreamworld.

Originally posted by : Shashi Dhara
	This is also one type of dragging proceedings.if court dismiss delay application they will approach higher court.it allows then case reopens umay approach higher court .so it is better to submit memo to allow application on cost and to adduce evidence immediately and to pronounce judgement.u have to know that litigation never ends if any one says I will end litigation then he is in the Dreamworld.

well said sir , this is what i was looking for since i dont have any idea about the procedures but wasnt sure of this proof of affidavit since the court bench clerk itself asked opp counsel why file proof of affidavit in condolence of delay section 5 

My counsel didnt object and he filed a affidavit and counter , and cross examined the petitioner , now we have to file proof of affidavit along with original copies of the attached document evidence , currently its posted after two weeks.

 

My question now is   ? : 

  i dont want them to cross me or make me do anything , the burden lies on them and not me , i have valid evidence of she evading notice for 3 years and finally caught her red handed lying to the court amin who went to serve notice to her and she opened door and misled the court amin saying its a wrong address. why inspite of all such evidence this condolence of delay is dragging for more than a year now and my execution petition is pending past 4 years.

if i file a memo to dispose the case the regular way and not to cross me for further evidence ? will it be acceptable ?

or can i file a petition in high court to expedite this case under section 5 regular way.

                                     

U file memo that u have no objection and it may be allowed on heavy cost and to be posted for evidence

U file memo that u have no objection and it may be allowed on heavy cost and to be posted for evidencein the same court. If u go to high court then it takes another -------yrs.