Condone delay
m.kameswaran
(Querist) 04 March 2016
This query is : Resolved
he defendant died17/04/2015.but the plaintif taken steps on 24/12/2015. now they have filed condone delay (sec 5) for 92 days. set aside abatement petition and impleading petition. 90 days is period for taking steps. if not taken,then the suit is automatically abated. now condone the delay, has to be calculted form date of abatement or from the date of period of 60 days( after 90 days) given to set aside the abatement. how it should be calculated.what number of days has to be mentioned in sec 5 petition ?
Devajyoti Barman
(Expert) 05 March 2016
It is the fate of knowledge from when the period of 90 days is calculated.
So calculate the date when you for the first time came to know about the date of death and then calculate accordingly.
Dr J C Vashista
(Expert) 08 March 2016
1. I agree with the expert advise of Sh. Devajyoti Barman, it is 90 days from knowledge.
2. However, the application is moved u/o XXII Rule 3, 4 or 10?
3. What is the catagory of suit such as partition, injunction, possession etc., which you are stating to have been "abated" on the death of plaintiff?
4. Does the right to sue and cause of action survive with the death of plaintiff? If so, the delay shall be condoned, if any.
5. You have not stated full facts of the case, discuss/consult a local prudent lawyer.
Best wishes.
