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Discussion > Civil Law > Appeals > Format of Condonation of Delay   Unanswered Threads Post New Topic

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There are 11 Replies to this message


arundhatii


Junior Advocate
[ Scorecard : 68]
Posted On 28 April 2011 at 18:11 Report Abuse

Sir / Madam,

I am a new lawyer, having couple of independant cases in my hand. I am handling a case of Domestic Violence, in which i have to file an appeal in the " SESSIONS COURT" at MUMBAI against an interim order of maintenance. due to work pressure, and health issues i could not file the same in the given 30 days limitation period. i have never come across such situation before, therefore, i am just wondering in what manner application/affidavit of condonation of delay be draft. will it be in the form of affidavit? or will it be an application to be filed along with copy of appeal? what reasons should i mentioned? i am just confused. it is my mistake that i could not file appeal in given time, and i accept it. please help me.

If anyone of you is having dead copy of "Condonation of Delay" application / Affidavit kindly mail it to me on following e mail id ---------> gajagamini_ek_swamini@yahoo.co.in


Please help me out. i have just started my career.

 

Adv. Arundhati Patwardhan

 



Online certification courses IP, IT and Investment Law


Om Prakash Dhusia


HR assistant
[ Scorecard : 1266]
Posted On 30 April 2011 at 20:02 Report Abuse

Ms.Arundhati, the requisite has already been sent to Ms. Gajagamini and also enclosed in the column.Didn't you see?

Regards



Arup


UNEMPLOYED
[ Scorecard : 11092]
Posted On 30 April 2011 at 23:41 Report Abuse

condonation of delay will a seperate application.

IN THE COURT OF ....

CASE NO...........

DATE  .....

................   petitioner

vs

..............   respondent.

sub : CONDONATION OF DELAY.

............ ( BODY OF THE PETITION FOR CONDONATION OF DELAY - PREPARE AS PER YR CASE)

PRAYER

............  CONSIDERING THE ABOVE GROUND, PLEASE CONDONE THE DELAY.



Total thanks : 1 times


Om Prakash Dhusia


HR assistant
[ Scorecard : 1266]
Posted On 02 May 2011 at 14:27 Report Abuse

Dear all, shouldn't we sent a thanksful note to the people who help us and avoid repetition of the same question? It shows people ask the question and abandon LCI.It is quite an easy exercise but isn't selfishness?People even don't respond to emails. what an irony?



Dalip Kumar Chhabra


Advocate
[ Scorecard : 155]
Posted On 04 May 2011 at 20:10 Report Abuse

Respected Mr. Dhusia,

Please don't loose heart.  We all had had such situation.  A new comer to the profession, as fairly admitted by Mr. Arundhatiu .  We should help him once again.

Excuse me for such a comment. 

Mr.  Arundhatiu

Please note your quarry itself has the ground for condonation of delay..

Yet first check up the following things to pray for certain period of delay...

a/  date of passing of impugned order.

b/  Date of receipt of order - free of cost as it is provided in the Act itself.

c/  Deduct first day of pronouncement of order

d/ than calculate  the period spent during  pronouncement and receipt of copy of order.

e/ than  deduct  these days plus the day of pronouncement of order from 30 days... and

f/  than see how much delay is there in filing of the appeal. 

Please also See. case law AIR 1987 SC 1353 - on the issue - Collector Land Acquisition Anantnag and anr Vs. Mst. Katiji and ors.  and 169 (2010 )  Delhi Law times, 630  Delhi High court - Jyotsana Sarda Vs. Gaurav Sharda  Crl. Rev. P. No. 132 of 2009 decided on 22.12.2009. and AIR 1996 SC  and 1998 (2) Judicial Reports SC  .. those can also give proper help to you.

Rough Draft...

In the court of

Case No.

title                  Vs.......

Application u/s 28 DV Act r/w section 5 of Limitation Act, praying to condone the delay.

1. That  the applicant is filing the accompanying appeal against the impugned order dt....... passed by ....... in DV case no...........of ............... .

2.  that the appeal is pending adjudication before this Hon'ble. Contents thereof are not being reproduced here for brvity sake as such be read as part of this application.

3. That the applicant prays that a delay of ...........days , in filing the appeal may please be condoned, in the interest of justice on the following grounds....

 

a.  The brief was with the counsel , who sufferred illness from...........to ...................... and thereafter for some urgent personal work, the counsel left for....................... and was not attending the office during this period.  The counsel returned back on .....................and thereafter upon  reading  the  impugned order, the present appeal was got drafted immediately.  The same is being filed thereafter, without there being any further delay.

Affidavit of counsel in support is also enclosed.

b.   The re are genuine grounds of attack to the impugned judgment/order of ld. trial court and if the delay is not condoned, and the appeal is not heard on merits, the applicant would be put to sufferr irreparable loss , which could not be compensated with other relief.

c.  That on the contrary, if the delay is condoned , by compensating the other side with costs, at least the matter shall be decided on merits and that in no case would be prejudicial to the rights of the opposite party.

d.  There are sufficient and good cause for condoning the delay, occassioned due to aforesaid bonafide reasons beyound control of the applicant. Hence the application deserves success, in the interest of justice, equity and fair play, as it is well settled that the proceedural law should not be resorted to defeat rights of the parties to get their appeal/case  considred/ decided  on merits..

e/  That it is further a well settled that no litigant should be put to suffer for the lapse of his counsel.

In view of the above facts and circumstances , it is most humbly prayed that the delay, if any, in filing the present appeal may please be condoned and the appeal may please be decided on merits, in the interest of justice, equity and fair play. 

Any other relief which this HO;ble court deems fit and proper be also passed.

Affidavit enclosed

Applicant

 



Total thanks : 1 times


Om Prakash Dhusia


HR assistant
[ Scorecard : 1266]
Posted On 05 May 2011 at 00:38 Report Abuse

Thanx Mr.Dalip Kumar Chhabra,atleast learneds like you are there to cheer up the spirit of people like us and this guide would surely help the aspirants though would be helpful even to old like me who is 51 now but I wouldn't imagine abandoning my lovely wife since last 25 years.

Regards



arundhatii


Junior Advocate
[ Scorecard : 68]
Posted On 05 May 2011 at 13:42 Report Abuse

Thank you people for helping me out. sorry for the late reply as i was out of station for some work. I always acknowledge the help. I will be thankful to everyone who has taken an effort and taken out time from their valuable schedule to help me out. thank you. I am still junior lawyer. I have to look after husband and my kids, and want to do career as an advocate too. Presence of helpful people like you will only boost my confidence. Thank you once again.
 



arundhatii


Junior Advocate
[ Scorecard : 68]
Posted On 05 May 2011 at 13:45 Report Abuse

Mr Dilip kumar ji.......kindly note i am Mrs. Arundhati Patwardhan. Not Mr. Arundhatiu



arundhatii


Junior Advocate
[ Scorecard : 68]
Posted On 05 May 2011 at 13:48 Report Abuse

Dilip kumar ji i value your lovely efforts. i am taking a print out of your suggestions. Om prakash ji i have received your mail which is sweet and short. Arup ji thanx again for the help.



Dalip Kumar Chhabra


Advocate
[ Scorecard : 155]
Posted On 09 May 2011 at 22:05 Report Abuse

Adv. Arundhati Patwardhan Hardlymatters, you are Mr. or Mrs.  What is more valuable for me is that you are a lawyer, having courage of learning with open mind.  I am always at the disposal of every new comer to the profession , who is really anxcious to know about law .   Please remember that  dont be shy and don't spoil the future of your client , if your are not having knowledge of law or the proformas or else what which is required to  file or build up the case of your client.  Kindly achieve your goal, this way or the other .  Be sincere , hardworker, loyal to your clients and never ditch them at any costs. 

Thanks. 



Total thanks : 1 times



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