s..i..n..g..h.. (member) 17 January 2012
i think that a court has no jurisdiction for deciding an application to set aside decree under order 9 rule 13 till first
the court condone the delay of limitation act which has occured (based on one judgment of gauhati high court)
am i right ?
whether court can give verdict simulataneously of limitation act to condone the delay and to set aside decree under order 9 rule 13
VINAYAGAMOORTHY (Chief Executive Officer) 18 January 2012
first instance condoning the delay,then only proceed next petition to setaside.Refer civil rules of practise Rules 29 30.
s..i..n..g..h.. (member) 19 January 2012
please elaborate the rule 29 30 as suggested by you
venkatesh Rao (Retired Government Servant) 15 February 2012
Both issues are taken up for consideration together; but if the finding on the point of limitation is held negative and barred by limitation, then the question of acting u/o 9 does not arise.
Advocate Bhartesh goyal (advocate) 15 February 2012
Application u/o 9 r 13 can not be decided till the delay is not condone.
DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE ) 15 February 2012
First the delay has to be condoned than the matter will come on regular file for hearing.
kvss.prabhakar rao (Advocate ) 07 March 2012
JSDN IS CORRECT
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