U/s 5 limitation act
gurditt Singh Saini
(Querist) 17 October 2011
This query is : Resolved
Sir,
whether reply to the application U/S 5 of the Limitation Act for condonation of delay is required to be verified and to be supported by an affidavit? if yes, please provide me any case law/authority in this pretext.
prabhakar singh
(Expert) 17 October 2011
Invariably an application seeking condonation of delay in filing application,appeal,or revision for which some time is prescribed in law,is moved showing a cause claiming reasonable and sufficient and in support of fact alleged in the application an affidavit is also moved.
Against such an application the opposite party is invited for filing objection before hearing.Then it is purely a wish of that opposite party either to move an objection or not to move at all.Similarly it is also choice of such an opposite party
that he wants to controvert the affidavit evidence of the applicant party or not.Law does not compel him to do so.Law only gives him a choice.Then if such an opposite party chooses not to controvert the applicant's affidavit statements by his affidavit,then there is no body who can compel the opposite party to do so.
But in cases where applicant's affidavit is not controverted ,the court has choice to believe upon the affidavit of the applicant as proof of facts stated there in unless the same is found self contradictory.
kuldeep kumar
(Expert) 17 October 2011
i stick to opinion of mr singh
Advocate Bhartesh goyal
(Expert) 17 October 2011
I also agree with Mr Singh's views.Reply of delay condone application does not require verification but reply should be supported by an affidavit otherwise court can believe upon the affidavit of applicant.
Devajyoti Barman
(Expert) 17 October 2011
If the petition u/s 5 of the act is not supported by affidavit then the rep;y may not need affidavit.
J K Agrawal
(Expert) 17 October 2011
question is only about verification. if it is required or not and where is provision in law where verification is required?
I believe that verification is required where it is mandate under any law. If no such specified specifically no verification needed.
There is no mandate for verification of any application under CPC apart from an application for execution.
prabhakar singh
(Expert) 17 October 2011
If you so think of the question then Mr. Agrawal
no objection needs any verification at all.
BUT I AM SURE YOU OVERLOOKED THEV QUERY>"and to be supported by an affidavit? "THESE ARE NOT MY WORDS.
