delay application maintainable or not
bhavin
(Querist) 25 September 2010
This query is : Resolved
Dear all,
My query is....
i have filed one suit to recover money under order 37 of the C.P.C.against defendant.
summons are duly served on the defendant. but defendant failed to appear within the 10 days...... now after 40 days dft. has filed delay application for the appearance. whether is it maintainable or not?
if deft. fails to satisfy the court that he has a proper reason for the delay...... than it makes any difference .
adv. rajeev ( rajoo )
(Expert) 25 September 2010
Court has got ample power to set aside the exparte order. It is better if you said no objection to allow the application of the defendant, otherwise he will go to high court and proceedings of this case will be stayed so to avoid the delay it is better to say no objections to an application of the defendant.
R.Ranganathan
(Expert) 25 September 2010
It will be always better to allow the delay application to get a quick solution to your case. Otherwise your purpose of recovering the amount, will get delayed and unnecessarily you will be going on fighting case trying to prove only the technicalities involved instead of the main purpose of the case. So as suggested by Mr. Rajoo endorse No Objection to the delay petition and get alongwith the main case.
bhavin
(Querist) 25 September 2010
THANK YOU ALL
Kirti Kar Tripathi
(Expert) 25 September 2010
it is the duty of the court to impart justice to all the parties. Normally court allows the parties to place their case unless there are inordinate delay has not been cause and for this too the party seeking condonation does have sufficient and cogent reasons for delay. The courts cannot deny justice on ground of hyper-technicality of delay. in your case, it is better to allow the delay application otherwise, the another party can go to higher court, which will cause unnecessary delay and problems to you.
masood ausaf
(Expert) 26 September 2010
I agree with Mr. Rajoo. The party can not be deprived from his rights on mere technicalities.
Chanchal Nag Chowdhury
(Expert) 28 September 2010
U should not depend too much on the delay aspect. Concentrate on the summary decree.
