you have to show SUFFICIENT cause for delay on your part. it is 45 years bro. if you have sufficient cause you can go for a condonation of delay petition u/s 5 of limitation act. the format of affidavit required for the petition is given below:
Before the Honourable District Court at _______________(enter station)
AS No.(enter appeal suit number and year)
Appellant:(enter name)
Respondent:(enter name)
AFFIDAVIT
1. I am the appellant in the above appeal and the petitioner in the IA.
2. The above appeal is given against the judgement and decree of ______court in OS No._____(give case number) against the appellant stating to _______(briefly state the order). I know the facts of the case.
3. The appeal ought to have been filed on _______(date). But as I(appellant) was________(enter the sufficient reason) the appeal could not be filed within the said period. Hence a delay of _____days is caused in filing the appeal. The said delay is not due to my wilful default.
4. I have filed a separate petition along with this for condoning the delay of __days in filing the appeal which has to be allowed.
Hence it is prayed that this honourable court may be pleased to condone the delay of ___days in filing the appeal by allowing the IA filed herewith for the same, unless I will be put to irreparable injuries and loss.
All that is stated above are true and correct to the best of my belief.
Dated this the ______(date)
Sd/-Deponent
Mob No:
Email:
Ms. Arundhati I think this suffice your requirement
Regards
the format of the petition would be given below:
BEFORE SHRI …………………………….: SOLE ARBITRATOR NEW DELHI.
IN THE MATTER OF
……………………………………….. …Claimant
Versus
……………………………... … Respondents
APPLICATION ON BEHALF OF THE RESPONDENTS FOR CONDONATION OF DELAY IN FILING THE APPLICATION BEFORE THE LD. ARBITRATOR
RESPECTFULLY SHOWETH
1. That the abovementioned matter is pending before this ld. Arbitrator and is fixed for hearing on today i.e. DAY/MONTH/YEAR.
2. That the respondent (GIVE REASON/ GROUNDS, FOR EG.)………………..
3. That (GIVE REASON/ GROUNDS) (FOR EXAMPLE)because of which the counsel of the Respondent company could not contact them to abreast themselves about the facts of the abovementioned case hence the counsel of the Respondent company is not in position to file anything before the ld. Arbitrator.
4. That there is nothing intentional or deliberate on the part of the Respondent company but due to unavoidable circumstances that the counsel is not ready to file anything.
In view of the above facts and circumstances, it is most respectfully prayed that the ld. Arbitrator may be pleased to grant …………weeks time for filing the application.
It is Prayed accordingly.
RESPONDENTS
Through
New Delhi SANKHLA & ASSOCIATES
Dated: ………………. ADVOCATES
N-252, SECOND FLOOR
GREATER KAILASH PART ONE
NEW DELHI-110048