Condone delay and reopen the case after exparte order

n v subba rao (Querist) 16 April 2014 This query is : Resolved
Hi,
I am the petitioner. I got exparte order on a civil recovery case. Now after 90 days, the defendant filed petition to reopen the case. i have strong proofs that he was lying for the delay. I already mentioned these in our counter. At the same time we asked for 50% of the order amount to be deposited, if the court decides to condone the delay and reopen the case. Will this amount be acceptable to court? In general what is the acceptable amount as percentage of the order amount?

Thanks in advance.

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ajay sethi (Expert) 16 April 2014
court will condone delay in interest of justice . he will have to deposit 50%of amount

n v subba rao (Querist) 16 April 2014
Thanks a lot Mr.Ajay Sethi!!! Regarding the amount to be deposited, is it Judge's discretion or a fixed percentage of the the order?

Rajendra K Goyal (Expert) 16 April 2014
Delay condonation and your counter for depositing 50% of decreed amount depends upon the court.

Devajyoti Barman (Expert) 16 April 2014
Yes, it depends on discretion of court.

Advocate. Arunagiri (Expert) 16 April 2014
Normally the courts will allow the delay without any cost in case of few weeks of delay.

In case of larger period of delay, the court will allow the condone delay petition with cost of few hundreds / thousands rupees.

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