condone delay application

Querist : Anonymous (Querist) 25 February 2010 This query is : Resolved
Dear All,

Can somebody advise me what is the maximum duration ( from the day of judgement) to file a condone delay application in case of an ex parte divorce

Thanks in advance

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Guest (Expert) 25 February 2010
Bo prescribed period define to file application under section 5 of limitation act. but its advisable to file as early as possible after the knowledge of ex party order

LIMITATION ACT

sec.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.

Yamalapalli Haribob (Expert) 25 February 2010
Iam agreeing with Acharya

Arvind Singh Chauhan (Expert) 25 February 2010
Nothing left after the explanation from Acharya Sir.

Raj Kumar Makkad (Expert) 25 February 2010
You know after obtaining decree of divorce, every concerned party tries to perform re-marriage and if such party which has obtained ex-parte decree shall seriously try to perform re-marriage and once it is performed, the chances of setting aside ex-parte decree becomes bleak so such period should be judged by affected person keeping in view this aspect in mind.

Parveen Kr. Aggarwal (Expert) 26 February 2010
While deciding an application for condonation of delay, the consideration before the court is not solely the length of period of delay but is the cause pleaded by the applicant for seeking condonation. If the cause is plausible and the Court is satisfied that the reason alleged for delay is sufficient cause for not coming earlier within the prescribed period of limitation, delay of any duration of time can be condoned.

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