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manoj (Technical recruiter)     08 August 2013

Condone delay petiition

Hi,

What is Condone delay petition.How much time it should have to file.

In My case, Joint collector gave the judgement my side and we got pattedar pass books and title deeds.And again opponents  are not satisfied with JC'S JUDGEMENT and they  appeal in high court, high court give direction to JC to examine the judgement  with in limited time period.Again JC gone through the records gave the judgement favour of me Dated 24/11/2012

After that we file a caveat at high court for 6 months.Last month june the time is lapsed.

Now the opponents filed a Condone Delay Petition in High court after one month. Is It accepatable.?

How much time to be acceptable ?

Now we are going to file donot accept that petion.

Thanks

Manoj



Learning

 3 Replies

A.SUMATHY 9380902017 (LAWYER)     08 August 2013

Usualy condone delay petition subject to Judge discretion power.

surjit singh (Assistant)     08 August 2013

Condonatin petition is a petiton praying for condoning lthe dalay in filing the case. It is upon the judge discrition to condon the delay, but before tht one this is to note that the delay shouldbe explained by day to day till the date of filing the appeal, Generally one months delay are condoned.

Advocate Bhartesh goyal (advocate)     11 August 2013

Applicant has to show sufficient cause for delay in filing appeal,if court satisfy  from the cause of delay then  and only then delay may be condoned.see sec 5 of limitation act.

5.Extension of prescribed period in certain cases -

Any appeal or any application, other than an application under any of the provisions of Order XXI of the Code of Civil Procedure, 1908 (5 of 1908) may be admitted after the prescribed period, if the appellant or the applicant satisfies the court that he had sufficient cause for not preferring the appeal or making the application within such period.

Explanation – The fact that the appellant or the applicant was misled by any order, practice or judgment of the High Court in ascertaining or computing the prescribed period may be sufficient cause within the meaning of this section


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