Condone delay petiition

Usualy condone delay petition subject to Judge discretion power.

Condonatin petition is a petiton praying for condoning lthe dalay in filing the case. It is upon the judge discrition to condon the delay, but before tht one this is to note that the delay shouldbe explained by day to day till the date of filing the appeal, Generally one months delay are condoned.

Applicant has to show sufficient cause for delay in filing appeal,if court satisfy  from the cause of delay then  and only then delay may be condoned.see sec 5 of limitation act.

5.Extension of prescribed period in certain cases -

Any appeal or any application, other than an application under any of the provisions of Order XXI of the Code of Civil Procedure, 1908 (5 of 1908) may be admitted after the prescribed period, if the appellant or the applicant satisfies the court that he had sufficient cause for not preferring the appeal or making the application within such period.

Explanation – The fact that the appellant or the applicant was misled by any order, practice or judgment of the High Court in ascertaining or computing the prescribed period may be sufficient cause within the meaning of this section