condoning the delay

Neeraj Kaushal (Querist) 31 October 2010 This query is : Resolved
i have filed a revenue appeal supported with application under section 5 of Indian Limitation Act because my appeal is time barred , i need a citation for condoning the delay in filing appeal , help me .

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Devajyoti Barman (Expert) 31 October 2010
How much delay? If the delay is not much then generally the court does not ask for citation as it is quite established that the court while considering such petition should take the most liberal view and condone the delay with costs.

Kirti Kar Tripathi (Expert) 31 October 2010
normally, the court are not entered into hyper technicality and it always decide the lis on merits. so in case, there is no in ordinate delay or the delay is explained properly, the delay is condoned.

R.Ramachandran (Expert) 31 October 2010
Yes, Mr. Kirti is quite right. If the court is satisfied with the cause shown for delay there should not be any problem.

s.subramanian (Expert) 31 October 2010
I agree with Mr.kirti.

Srinath Kondapally (Expert) 31 October 2010
if your reaon for delay is normal and genuine, and is able to explain with sufficient cause , definately court will allow your application without asking for citations generally.