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Delay petition

(Querist) 08 June 2014 This query is : Resolved 
In the civil case to file appeal there is delay of 3 yrs now while filing delay petition should I have to mention
the no. of days
or should I have to mention as condone 3 yrs delay
V R SHROFF (Expert) 08 June 2014
u have to file delay con donation application separately
N.K.Assumi (Expert) 08 June 2014
Yes, it is a practice to file separate petition of delay along with appeal petition, but that is only a rule of practice and not a rule of law. The law no where mandates that appeal petition should be accompanied by separate petition for condonation of delay. If in the appeal petition accompanied by affidavit clearly spell out a case of reasonable grounds of delayed, that is sufficient.
Rajendra K Goyal (Expert) 08 June 2014
Better file delay con donation application separately,
Sankaranarayanan (Expert) 08 June 2014
i do agree with experts
Devajyoti Barman (Expert) 08 June 2014
file a petition u/s 5 of the Limitation where mention the reason of delay and pray for its condonation.
R.K Nanda (Expert) 08 June 2014
no court on this earth is going to condone delay of 3 years whether stated in years or in days.


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