merit of the case can not be considered.............
dhiraj choudhary
(Querist) 06 April 2009
This query is : Resolved
can court consider the merits of the main case also while deciding the application for condonation of delay.if not then plz. give me some judgments as i m in dire need of them
Hiralal Das
(Expert) 06 April 2009
Yes it is.
I shall try to supply some judgments to fulfill your need.
Ashey
(Expert) 06 April 2009
No .. till the delay is condoned .. the court cannot go into the merit of the main case
Ashey
(Expert) 06 April 2009
No .. till the delay is condoned .. the court cannot go into the merit of the main case
dhiraj choudhary
(Querist) 06 April 2009
i know but i need judgments 2 b cited before court
Kiran Kumar
(Expert) 06 April 2009
hello Dhiraj...
m really sorry i could not respond to ur query earlier.
law is clear that no court can consider the merits of the case while deciding the application for condonation of delay.
u must ve read the principle that the Limitation bars the remedy but does not destroy the right. AIR 1954 Punjab 328.
have reference to S.3 of the Limitation Act, 1963 as well.
AIR 1991 Kerala 83.
AIR 1987 SC 1353.
law of limitation holds the strict interpretation, however the court may ve a look upon the merits of the case while deciding such an application or while observing the grounds of condonation of delay but can not give findings on the merits of the case.
Kiran Kumar
(Expert) 06 April 2009
hello Dhiraj...
m really sorry i could not respond to ur query earlier.
law is clear that no court can consider the merits of the case while deciding the application for condonation of delay.
u must ve read the principle that the Limitation bars the remedy but does not destroy the right. AIR 1954 Punjab 328.
have reference to S.3 of the Limitation Act, 1963 as well.
AIR 1991 Kerala 83.
AIR 1987 SC 1353.
law of limitation holds the strict interpretation, however the court may ve a look upon the merits of the case while deciding such an application or while observing the grounds of condonation of delay but can not give findings on the merits of the case.
M. PIRAVI PERUMAL
(Expert) 06 April 2009
Thank you Mr. Kiran for those useful citations of Limitation Act.
sanjay singh thakur
(Expert) 06 April 2009
Dear Dhiraj
Mr. Kiran has rightly replied your query. However, while deciding limitation court can look upon the merit of the case so that if there is a merit in the case the court should not dismiss the same on limitation point as merit weigh higher in the eyes of law.
Regards.
adv. rajeev ( rajoo )
(Expert) 07 April 2009
First delay should be condoned then only question of considering the case merit arises. When delay condonation application itself is not considered i mean dismissed question of considering the case of merit does not arise.
B.B.R.Goud.
(Expert) 07 April 2009
Thank you Mr. Kiran for those useful citations of Limitation Act.
Ashey
(Expert) 08 April 2009
Thanks Mr. Kiran
dhiraj choudhary
(Querist) 08 April 2009
but 1987 sc1353 doesn't pertain 2 d query put by me so plz. suggest some other citation!!!!!!!!!
Kiran Kumar
(Expert) 08 April 2009
ok...i ll find few more for u.
ESTHERPRIYA
(Expert) 09 April 2009
As stated by Mr.Kiran Kumar, the court will consider only the delay caused and the reasons for the delay. Thus the court will look not most probably look into the merits of the case but if in some exceptional cases, under equity the court may look into the merits of the case. If the prayer prayed in the case itself has become futile then allowing a condonation petition is utter waste. Thus in such case, the court will look into the merits of the case.
