Limitation act sec. 5
Adv Dhawal Panseriya
(Querist) 01 March 2012
This query is : Resolved
appellant filed delay condoan filed application after limitation period this application filed his negligence y so i need some judgement of negligence to appellant and he is not entitled to take remedy. i need some judgement of supreme court or any state high court.
Kirti Kar Tripathi
(Expert) 01 March 2012
Normally the delay application are allowed as the courts do not go into hyper technicality. However, the party is also required to be vigilant. In the present case you sought judgment on negligence of appellant. what his negligence, you have not given any fact. the word negligence itself is ambiguous. unless facts are not known and reasons mentioned in the delay condonation application is not known, it very difficult to provide correct citation.
Sankaranarayanan
(Expert) 01 March 2012
You have to furnish the genuine reason for delay.
Deepak Nair
(Expert) 01 March 2012
When an application for condonatin of delay is filed, the respondent are asked to give their reply/say. The respondent can raise their objections by way of hte reply. If the objections are strong, and the applicant fails to prove a genuine cause, the delay will not be condoed by the court.
Raj Kumar Makkad
(Expert) 01 March 2012
You search the relevant citation by visiting www.indiankanoon.com
Shantilal Pandya
(Expert) 02 March 2012
The query is ambiguous, I am unable to gather the nature of application for which excusing delay is sought, however sufficient cause for not preferring application in time to be made out to the satisfaction of the court, normally such applications are allowed unless by delay an indefeasible substantive right in other side is created by law or that the right to continue proceeding on original cause of action for the petitioner is extinguished.
R Trivedi
(Expert) 02 March 2012
Negligence has no bonafide stand for delay exemption. If you have stated that due to negligence the delay took place, then I am afraid court may not grant you any relief.
