Format of Condonation of Delay


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

 
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HR assistant

 

In law every right has its own period of limitation. This is a principle of equity. One has to claim certain right within a specific period. After that he is forbidden from claiming the same. But the law provides remedy for the delay also. The delay can be caused due to many unavoidable reasons or due to mistake. But for claiming the remedy for condonation of delay one has to file a petition in the Court.

Section 5 of the Limitation Act provides a remedy which says that a delay can be condoned on proving sufficient cause. The expression sufficient is very liberally construed by the Courts.

Below is a format of affidavit for the petition for condonation of delay.

Before the Honourable District Court at _______________(enter station)

AS No.(enter appeal suit number and year)

Appellant:(enter name)

Respondent:(enter name) 

AFFIDAVIT

1. I am the appellant in the above appeal and the petitioner in the IA.

2. The above appeal is given against the judgement and decree of ______court in OS No._____(give case number) against the appellant stating to _______(briefly state the order). I know the facts of the case.

3. The appeal ought to have been filed on _______(date). But as I(appellant) was________(enter the sufficient reason) the appeal could not be filed within the said period. Hence a delay of _____days is caused in filing the appeal. The said delay is not due to my wilful default.

4. I have filed a separate petition along with this for condoning the delay of __days in filing the appeal which has to be allowed.

Hence it is prayed that this honourable court may be pleased to condone the delay of ___days in filing the appeal by allowing the IA filed herewith for the same, unless I will be put to irreparable injuries and loss.

All that is stated above are true and correct to the best of my belief.

Dated this the ______(date)

Sd/-Deponent

Mob No:

Email:

Ms. Arundhati I think this suffice your requirement 

Regards

 
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Advocate

Please go through Section 5 of Limitation Act and file a petition alongwith a affidavit.

 
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High Court Chennai Patent Attorney

 

A common standard version is appendend for Kind perusal:: follow along with your adv of counsel::::

It is humbly submitted that this condonation for delay application is before this Hon’ble State Commission from a judgment dismissing for default the complaint No. 164/2001 of the complainants on 14.10.2011 and with an appeal for the restoration and recall of the above-mentioned complaint.

The complainant humbly submit their prayer with a request for condonation of delay for an extension of time to file this petition before this Hon’ble State Commission along with an amendment petition. On _______________the first counsel engaged withdrew from the complaint without any prior intimation to the complainants, and on 08.02.2012 after the receipt of certified copies of the order of this Hon’ble State Commission with an 30 days extension expired U/S ___ this petition is before this Hon’ble State Commission with a delay in filing after _____ days.

It is humbly submitted that with fact and conclusions of law, the defense counsel adequately utilized alternatives in deferring the case for past 10 years and has submitted his application in transfer of case after 10 years without any expert opinion and depositions of the facts related to complaint.

It is further humbly submitted that the erstwhile counsel engaged is in no further correspondence with the complainants and has not returned the documents which are mandatory to prosecute before this Hon’ble State Commission which has caused a considerable amount of delay in filing the Miscellaneous petition before this Hon’ble State Commission.

 It is humbly prayed that based upon the totality of the circumstances mentioned above this Hon’ble State commission may be pleased to consider the prayer of the complainants in granting the condonation for delay in appearing before this Hon’ble State Commission for justice and equity.

It is humbly submitted that this Hon’ble State Commission on scrutinising facts and circumstances in the accompanying application attributing delay may please construe facts and circumstances as "sufficient cause" for condoning the delay. The facts and circumstances elucidated in the accompanying application involves the question of "substantial justice", where gross delay of ________ days, deserves to be condoned in the overall interest of justice. On the other hand if condoning the delay being denied it would seriously undermine the cause of justice, resulting into miscarriage of justice for the complainants. 

 
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High Court Chennai Patent Attorney

Kindly have the full format submitted before the state commission:::

 

BEFORE THE TAMILNADU STATE CONSUMER DISPUTES REDERESSAL COMMISSION AT CHENNAI

MISC PETITION         /2012

IN

ORIGINAL PETITION 164/2001

 

BETWEEN

Ponnian, S/o Chelliyan & Another                                    ......      Petitioners/Complainants

AND

Dr. Beula Justin, W/o Justin & others                   ......      Respondents/Opposite Parties

 

MEMORANDUM OF CONDONATION FOR DELAY

 

The above marginal named Complainants most respectfully beg, pray and humbly submit as follows: -

 

1.       We are the complainants in the above complaint and state that we know the facts of the case.

2.       It is humbly submitted that this condonation for delay application is before this Hon’ble State Commission from a judgment dismissing for default the complaint No. 164/2001 of the complainants on 14.10.2011 and with an appeal for the restoration and recall of the above-mentioned complaint.

3.       It is humbly submitted that this prayer with a request for condonation of delay for an extension of time to file this petition before this Hon’ble State Commission.  On _______________the first counsel engaged withdrew from the complaint without any prior intimation to the complainants, and on 08.02.2012 after the receipt of certified copies of the order of this Hon’ble State Commission with an 30 days extension expired U/S ___ this petition is before this Hon’ble State Commission with a delay in filing after _____ days.

4.       It is humbly submitted that with fact and conclusions of law, the defense counsel adequately utilized alternatives in deferring the case for past 10 years and has submitted his application in transfer of case after 10 years without any expert opinion and depositions of the facts related to complaint on _______.

5.       It is further humbly submitted that the erstwhile counsel engaged is in no further correspondence with the complainants and has not returned the documents which are mandatory to prosecute complaint before this Hon’ble State Commission which has caused a considerable amount of delay in filing the Miscellaneous petition before this Hon’ble State Commission.

6.        It is humbly prayed that based upon the totality of the circumstances mentioned above this Hon’ble State commission may be pleased to consider the prayer of the complainants in granting the condonation for delay in appearing before this Hon’ble State Commission for justice and equity.

7.       It is humbly submitted that this Hon’ble State Commission on scrutinising facts and circumstances in the accompanying application, may please construe facts and circumstances as "sufficient cause" for condoning the delay. The facts and circumstances elucidated in the accompanying application involves the question of "substantial justice", where gross delay of ________ days, deserves to be condoned in the overall interest of justice. On the other hand if condoning the delay being denied it would seriously undermine the cause of justice, resulting into miscarriage of justice for the complainants. 

 

 

VERIFICATION

 

 

  We, Ponnian,S/o Chelliyan and Johnsi Rani,W/o Ponnaian, do hereby verify that the contents from paragraphs 1 to 13  are correct and true to the best of my knowledge and belief, the rest of the contents are based on legal advice, which I believe to be true. Affirmed at Chennai this 04 Day of April 2012.




Place: Chennai                                                                                  Complainants

Date:  04 Apr 2012

 

 
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Faculty

Dear Gomathi Shankara Narayanan,

Thanks for providing the model Condone delay memorendam  in lawyersclubindia.com.

It is helpful those who are entering in to the law field ie fresh lawyers.

sir, i am interested to know law and law related information  though i am not a lawyer.

due to some family circumstances i am unable to study law.

so i joined lawyers club india web site.

There are many gurus of law ,they were providing suggestions and valuable view on the law.

You have provided here model condone delay petition here.

I am requesting you kindly provide the counter for this condone delay petition so that we the juniors will understand better.

Thanking you

yours truly

gopal

 

 

 

 

 
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can anybody give me the format for application for condonation of delay please
 
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