exparte decree.

A condonation of delay petition is required when there is a delay in filing a case or appeal beyond the stipulated time period. To condone a delay of 198 days, follow these steps: 1. _File a petition_: Draft and file a condonation of delay petition with the relevant court or authority. 2. _Explain the reasons_: Provide valid reasons for the delay, such as unavoidable circumstances, mistake, or oversight. 3. _Show cause_: Demonstrate sufficient cause for condoning the delay, ensuring justice is served. 4. _Supporting documents_: Attach supporting documents or affidavits to substantiate your claims. 5. _Pray for relief_: Request the court to condone the delay and permit the filing of the case or appeal. 6. _Appear in court_: Be prepared to argue your case in court, if necessary. Remember to: - Be honest and transparent about the reasons for the delay. - Show that the delay was not intentional or deliberate. - Demonstrate that the condonation of delay will not prejudice the other party. Consult with an advocate or legal expert to ensure the petition is drafted and presented effectively.

“Vigilantibus non dormientibus jura subveniunt” - the

law assists those who are vigilant, not those who sleep over

their rights is a fundamental legal maxim on which statutes of

limitations are premised. 

The defendant shall, within

thirty days from the date of service of summons on him,

present a written statement of his defence:

Provided that where the defendant fails to file the

written statement within the said period of thirty days, he

shall be allowed to file the written statement on such

other day, as may be specified by the court, for reasons to

be recorded in writing and on payment of such costs as

the court deems fit, but which shall not be later than one

hundred twenty days from the date of service of

summons and on expiry of one hundred twenty days from

the date of service of summons, the defendant shall

forfeit the right to file the written statement and the court

shall not allow the written statement to be taken on

record.”

would be seen from the above, the outer limit within

which the court or tribunal can condone the delay is 120 days

from the date of summons.  

the defendant has not filed the written statement, such allegations of facts shall be treated as admitted. The Court in this situation can either proceed to pronounce judgment on such admitted facts or may require the plaintiff, in spite of such admission, to prove such facts.

When the opposite party fails to file a written statement within the given time, it can have significant consequences. The court may proceed with the case ex parte, meaning that the absent party will not have the opportunity to present their case or challenge the evidence and arguments put forth by the other party.

Therefore, please note that if the court has set you exparte for not filing the written statement beyond the maximum permitted time then you have lost the case without an opportunity to challenge the allegations leveled by the plaintiff.