Domestic violence case

Dear Karinamishraji,

In law every right has its own period of limitation. This is a principle of equity. One has to claim certain right within a specific period. After that he is forbidden from claiming the same. But the law provides remedy for the delay also. The delay can be caused due to many unavoidable reasons or due to mistake. But for claiming the remedy for condonation of delay one has to file a petition in the Court.

Section 5 of the Limitation Act provides a remedy which says that a delay can be condoned on proving sufficient cause. The expression sufficient is very liberally construed by the Courts.

Below is a format of affidavit for the petition for condonation of delay.

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

all limitations can be over ridden in sc because all lower court judges spend years only giving dates...

the delays in the court itself crosses limitations periods...