Application for condonation of delay in filiing appeal.

Gopal Krishnan (Querist) 10 August 2014 This query is : Resolved
AFTER 14 YEARS OF LITIGATION, EVICTION SUIT IS DISMISSED BY SMALL CAUSES COURT MUMBAI. APPELLANT (ORIGINAL PLAINTIFF) FILED APPEAL CHALLENGING JUDGMENT OF TRIAL COURT AND FILED APPLICATION FOR CONDONATION OF DELAY. DUE TO
NEGLIGENCE IN THE BODY OF APPLICATION AND PRAYER CLAUSE, APPELLANT HAS STATED AS UNDER: IN VIEW OF THE ABOVE REASONS, THE DELAY IN FILING THE APPEAL MAY BE CONDEMNED. APPLICATION CAME UP FOR HEARING BUT BOTH APPELLANTS AND THEIR ADVOCATE WERE ABSENT AND COURT ADJOURNED THE HEARING. MY QUESTION IS CAN THE COURT "CONDONE" DELAY WHEN THE PAYE IS TO "CONDEMN" DELAY ? EXPERTS KINDLY ADVICE WITH ANY CASE LAW IN SUPPORT.

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Devajyoti Barman (Expert) 10 August 2014
it is typing error which is conveniently overlooked or ignored by court.
Do not go after hyper technicality.

Dr J C Vashista (Expert) 11 August 2014
Condonation of delay (any period) is to be considered on the basis of explaination submitted by applicant/appellant.
However, I find third query today itself by the author, it is misuse of this platform, it would be better to engage a local lawyer.

malipeddi jaggarao (Expert) 11 August 2014
The typographical error cannot be a ground for either accept or reject the condonation application.

Devajyoti Barman (Expert) 11 August 2014
IF THIS WAS THIRD QUERY OF THE SAME QUERIST THEN I condemn his conduct.

Rajendra K Goyal (Expert) 11 August 2014
Agree with the experts.

T. Kalaiselvan, Advocate (Expert) 16 August 2014
I go with the views of expert Mr.Barman's (last reply).

V R SHROFF (Expert) 07 September 2014
REPEATED QUERY ON DELAY CONDONATION:

COURT HAVE AMPLE POWER.

Procedure [ DELAY] does not take away JUSTICE..

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