DELAY IN FILING AN APPEAL ?
Querist :
Anonymous
(Querist) 11 November 2009
This query is : Resolved
HI DEARS
I HAVE FILLED THE APEAL IN VAT (U.P) OF MY CO.BUT IT WAS DELAY BY 1 DAY.TO JT.COMM. VAT U.P.
SAO CAN ANY ONE MY SENOIR GIVE ME ANY SOLUTION & COURT REF. ETC. SO THAT IACAN GIVE HIM A REASON FOR DELAY .PLS .
A V Vishal
(Expert) 11 November 2009
You have to give a reasonable cause for delay in filing the appeal since it is you who know the facts. Reasonable cause for delay may be 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.
6. Legal disability.
(1) Where a person entitled to institute a suit or make an application for the execution of a decree is, at the time from which the prescribed period is to be reckoned, a minor or insane, or an idiot, he may institute the suit or make the application within the same period after the disability has ceased, as would otherwise have been allowed from the time specified therefor in the third column of the Schedule.
(2) Where such person is, at the time from which the prescribed period is to be reckoned, affected by two such disabilities, or where, before his disability has ceased, he is affected by another disability, he may institute the suit or make the application within the same period after both disabilities have ceased, as would otherwise have been allowed from the time so specified.
(3) Where the disability continues up to the death of that person, his legal representative may institute the suit or make the application within the same period after the death, as would otherwise have been allowed from the time so specified.
(4) Where the legal representative referred to in sub- section (3) is, at the date of the death of the person whom he represents, affected by any such disability, the rules contained in sub- sections (1) and (2) shall apply.
(5) Where a person under disability dies after the disability ceases but within the period allowed to him under this section, his legal representative may institute the suit or make the application within the same period after the death, as would otherwise have been available to that person had he not died. Explanation.- For the purposes of this section,' minor' includes a child in the womb.
7. Disability of one of several persons. Where one of several persons jointly entitled to institute a suit or make an application for the execution of a decree is under any such disability, and a discharge can be given without the concurrence of such person, time will run against them all; but, where
no such discharge can be given, time will not run as against any of them until one of them becomes capable of giving such discharge without the concurrence of the others or until the disability has ceased. Explanation I.- This section applies to a discharge from every kind of liability, including a liability in respect of any immovable property. Explanation II.- For the purposes of this section, the manager of a Hindu undivided family governed by the Mitakshara law shall be deemed to be capable of giving a discharge without the concurrence of the other members of the family only if he is in management of the joint family property.
8. Special exceptions. Nothing in section 6 or in section 7 applies to suits to enforce rights of pre- emption, or shall be deemed to extend, for more than three years from the cessation of the disability or the death of the person affected thereby, the period of limitation for any suit or application.
Raj Kumar Makkad
(Expert) 11 November 2009
It is very simple matter, An application seeking condonation of delay which is duly maintainable with VAT Appellate Authorities, is required to be moved on the reasonable cause and generally a delay of only one day is condoned subject to levy of some cost. A legal right of parties cannot be allowed to ruin just under the garb of some minor technicalities.
G V S Jagannadha Rao
(Expert) 17 November 2009
Courts are not inclined to dismiss matter on technicalities like delay, particularly when the delay is only one day.
Courts, including quasi judicial fora are quite liberal on this.
In the unlikely event of delay not being condoned here, you can approach HC.
I don't think you will have any difficulty in condonation of one day delay.
I wish you good luck!
