Delay condonation, section 5


I got one unfavourable order from family court on 27.07.17 and on that day itself we filed C.A. and on 10.08.17 some technical/official objections were raised in that C.A. but due to his ill-health my off the record delegated advocate clerk come to know it only after the time to comply those objections was lapsed thereby that C.A. become unsuccessful and so we filed another C.A. on 30.08.17 and copies were ready by 08.09.17 & dispensed to us on 13.09.17.


As the time limit to appeal is 90 days (ends on 25.10.17) can we file appeal on or before 12.12.17 duly stating the above stated factual circumstances from 27.07.17 to 13.09.17 for condoning the delay or, do I have to make out a explanation story for the delay caused up to the day of filing (12.12.17) .

 
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Advocate

I remember a case where Supreme Court condoned a delay of 2250 days, so if you can explain the delay properly the court will certainly condone the delay extending to the period of presenting your appeal application.

 
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There must be a sufficient cause for the delay


However small delays as in your case can be easily condoned


Take a defence that Condoning of delay by court doesn't decide the case.... It only allows you i.e gives you the right to fight the case....
 
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Delay can be condoned on


explanation of satisfactory cause of each day delay.
 
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Originally posted by : Advocate Bhartesh goyal
Delay can be condoned on explanation of satisfactory cause of each day delay.

Sir, do I need to show the cause from the expiry of limitation to filing date (or) time wasted within/during limitation period is enough??

 
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Advocate

Party has to establish sufficient cause for not filing it bfore the limitation expired as required by secion 5, and in doing so, delay which can be avoided by due care and attention cannot constitute sufficient cause. In consturing sufficient cause the Court must give liberal construction to the said words, rather than giving hyper technical meaning in the context of the subject matter involved in the case, and each day delay after the expiry of the period of limitation is to be explained and not each day's delay of the impugned order. 

 
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