Actual period for condonation of delay? read more at: http:

yogesh (Querist) 03 November 2017 This query is : Resolved
Sir,
I have filed the criminal Revision petition before the Punjab Haryana High Court, Chandigarh, on 06/10/2017, with an Application for condonation period of 35 days. The registry placed certain objections, and the matter was refilled on 30/10/2017 after the correction of defects. On 31/10/2017, the registry placed specific and fresh objection on the period of condonation to recalculated and advice to add 24 days to 35 days. So I have to add 24 days along with 35 days with a total of 60 days. The registry inform me in criminal cases, the limitation keeps on running and unlike civil cases, the limitation will not be stopped once you file the case before the registry, though there is time limit of refilling the matter of 40 days after the correction of defects

1 My query is in Delhi High Court, Hyderabad High court as well as in the Supreme Court, the Limitation stopped once litigant file the matter before the Registry and get the diary number and there is time limit of refilling the matter and unless the fresh diary number is not alloted, limitation period will not continue . The Limitation will continue only when frsh diary number is given. If there is delay in refiling the matter, then the petitioner/appellant has to file the application for condonation of delay in REFILING THE MATTER Whether such practice of Punjab & Hrayana High court registry is legally sustainable? If not, where one should address this grievance?

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Susmita (Expert) 03 November 2017
Each High Court has own rule to proceed. Please follow the same.

yogesh (Querist) 03 November 2017
Rules must be framed to implement the Act smoothly. Here nothing there in the Limitation Act?

Dr J C Vashista (Expert) 04 November 2017
I fully agree with you, limitation stopped when you have filed the petition and received a dairy number.
There cannot be different rules in different Courts qua limitation as stated by Ms Sushmita, where she has misconception.

SHIRISH PAWAR, 7738990900 (Expert) 04 November 2017
You can save limitation by filing delay condonation application however the limitation act is same through out country. Limitation act is central act so different high court cannot have separate limitation act and procedure under the law.