About delay condon application.

Querist : Anonymous (Querist) 04 December 2011 This query is : Resolved
I wants to file a delay condon application, stay application and restoration application against ex party decree, in delay condon application, origanal decree made on dated 12/07/2011.and i came to know the oreder when a notice of exexution oreder 21 rule 22 serve me on 17/11/2011.how many day are delay in this matter?

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prabhakar singh (Expert) 04 December 2011
WHEN YOU came to know about the exparte order when a notice of exexution oreder 21 rule 22 served you on 17/11/2011 THEN IF YOU PRESENT
THE RESTORATION UP TO 16.12.2011 NO DELAY SHALL BE DEEMED TO HAVE BEEN CAUSED UNLESS SOME OTHER WAY OF KNOWLEDGE FROM THE RECORD CAN BE DEFINITELY ATTRIBUTED BY PLAINTIFF,SUCH AS CHECK THE ORIGINAL SUIT FILE TO SEE IN WHAT MANNER THE COURT HAS ORDERED YOU SERVED WITH SUMMONS.ANY REGISTERED LETTER REFUSAL OR IT WAS SUBSTITUTED SERVICE,YOU NEED TO DENY THAT ON AFFIDAVIT.

bhushan singh charan (Expert) 04 December 2011
exparte decree against u means that ur not plantiff in matter?than why restotorationapplication?TO my mindapplication for setaside expartedecree and order.
furtherlimitation starts from dateof knowldege.goodluck

Advocate M.Bhadra (Expert) 04 December 2011
The each date to be counted from when the Order and decree was passed to the date of filing the petition under order 9 rule 13 with a another petition under sec,4 of the Limitation Act to set-aside the decree.If you are defendant and able to show the sufficient cause it may be condoned.

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