condonation of delay

anand (Querist) 17 December 2010 This query is : Resolved
Sir
That, the defendant had filed a case in Hon able High Court,[RFA] that the lower court had passed the wrong judgement and preliminary decree.

Sir I want to know that
1)There this 5days delay of condontion and 2)The appellant/defendant had already filed [RA] in the District Court .
3) Appellant attached the Medical certificate for delay of condonation.

Plz solve my problem that the case admitted or not

Follow Query

Report Abuse

Praveen Kumar Tewari (Expert) 17 December 2010
Delay in filling petition is due to illness and supported by the medical certificate, it is sufficient to condone the delay but it is discretionary and up to court.

yogesh (Expert) 17 December 2010
What is RFA it sis request for adjournment???
Delay can be condoned if material things are brought into records

G. ARAVINTHAN (Expert) 17 December 2010
just 5 days delay can be condoned by stating bonafide reasons

Devajyoti Barman (Expert) 17 December 2010
yes the delay for 5 days should be condoned in all likelihood.

s.subramanian (Expert) 18 December 2010
No hassles. It will be condoned.

Kirti Kar Tripathi (Expert) 18 December 2010
The fundamental principle is that the a person can not be denied justice on the ground of hyper-technicality and court is bound to decide lis. In the present case, the delay is too little and I do not think, there would be any problem in condoning delay.

Advocate Bhartesh goyal (Expert) 18 December 2010
Mr.Kirti Kar is right.

Abhishek Marvi (Expert) 18 December 2010
i agree with mr.kirit kar

anand (Querist) 19 December 2010
The case will admit

G. ARAVINTHAN (Expert) 19 December 2010
since the appellant filed medical certificate, he has shown sufficient cause for the delay in filing appeal. Hence the same need to be condoned

Previous

Next

You need to be the querist or approved LAWyersclub expert to take part in this query .

Click here to login now