SRIKANTH MYLAVARAPU (SENIOR OFFICER (LEGAL)) 01 July 2010
Adv. G. A. Gagdani (ADVOCATE AND LEGAL CONSULTANT) 01 July 2010
There have been various orders of supreme and High Court allowing condonation of delay.
You need to act accordingly, well kindly find below links having various judgements helpful in the matter
https://delhicourts.nic.in/Jan08/Executive%20Engineer%20Vs.%20Virwati.pdf
and
supreme court orders for your reference S.No.734 & 739 (for this site you need to take reference from the party name and search the same on supreme court website)
kindly advise if you are not able to do so.
or
| 1999(3) Civil Court Cases 269 (S.C.) - 1999(2) Apex Court Journal 382 (S.C.) | |||||||||
| SUPREME COURT OF INDIA | |||||||||
| West Bengal Essential Commo.Supp. Corp. | |||||||||
| Vs | |||||||||
| Swadesh Agro Farming and Storage Pvt.Ltd. | |||||||||
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Limitation Act, 1963, Section 5, Section 12 - Execution petition - Ss.5 and 12(2) are inapplicable to an execution petition. |
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and
| 2001(2) Apex Court Journal 60 (S.C.) | |||||||||
| SUPREME COURT OF INDIA | |||||||||
| M.K.Prasad | |||||||||
| Vs | |||||||||
| P.Arumugam | |||||||||
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Limitation Act, 1963, Section 5 Civil Procedure Code, 1908, Order 9, Rule 13 - Exparte decree - Setting aside - Delay of 554 days - Condonation - Plea that the person who was appearing on behalf of company left the service since 1994 because of death of his son and none informed about further proceedings in Court - Exparte decree passed on 17.9.1993 - Knowledge was in 1997 during execution proceedings - Even though the defendant appears not to be as vigilant as he ought to have been, yet his conduct does not, on the whole, warrant to castigate him as an irresponsible litigant - Failure to be extra vigilant not a ground for ousting him from the litigation with respect to the property - Delay condoned.
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DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE ) 01 July 2010
SRIKANTH MYLAVARAPU (SENIOR OFFICER (LEGAL)) 01 July 2010
RESPECTED SIR,
MY QUERY IS REGARDING THE E.P. NOT FOR THE SUIT/DECREE.
PLZ KINDLY TELL ME A SOLUTION
Adv. G. A. Gagdani (ADVOCATE AND LEGAL CONSULTANT) 01 July 2010
well my friend in that case you will have to find respective High Court or Supreme Court judgements and file appeal against dismissal.
I hope you are satisfied
SRIKANTH MYLAVARAPU (SENIOR OFFICER (LEGAL)) 02 July 2010
Sir
for filing appeal before the higher court also the prescribed limitation period exeeds even if i file the revision petition it will not be admitte by highcourt for condoning delay
DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE ) 02 July 2010
SRIKANTH MYLAVARAPU (SENIOR OFFICER (LEGAL)) 02 July 2010
sir,
one thing i was unable to understand limitation act is not applicble toexecution petitions so how can court condone the delay.
Adv. G. A. Gagdani (ADVOCATE AND LEGAL CONSULTANT) 02 July 2010
my friend that was why i referered you judgements which can be used for admitting and filing an appeal by which your case will be admitted and further process will be done.
kranthi (retainer advocate) 02 July 2010
There is recent amendment to cpc O.XXI R106 that a clause is added in that clause saying that even with dealy also u can file/represent . and sec.5 is applicable to this rule only by HighCourt .i think in my knowledge it is correct .
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