condonation of Delay

Querist : Anonymous (Querist) 12 June 2010 This query is : Resolved
Respected Experts,
An appeal has been filed in the district court against a title suit after 6 months of judgment by the Oppo. Party. A separate application for condonation of delay has been attached. I have received notice after 6 month from filling of appeal. Main reason for delay has been shown as illness of one of the defendant who was suffering from several diseases. Which is totally false mainly aimed at pulling on the case. Can I ask the list of diseases he was suffering from medical records and certificates? Can we cross examine the person and the doctor who has provided treatment? Any other suggestions,
Thanks to all

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Devajyoti Barman (Expert) 12 June 2010
The court generally adopts summary procedure while condoning the delay. As the Supreme Court is repetitively holding that courts should be most liberal while disposing of condonation of delay petition, you may not succeed specially when the delay is merely 60 days though you may be awarded with costs when the delay is condoned.

DEFENSE ADVOCATE.-firmaction@g (Expert) 12 June 2010
The basic concept in such cases is as per number of Judgments of the SC that the case should not be dismissed on trifle matters like delay and should be tried on merits , so most libral approach is taken for condonation of delay by the courts.

adv. rajeev ( rajoo ) (Expert) 12 June 2010
Courts have condoned the delay of 10 years, so in your case delay is only 60 days. Court will condone the delay and it may impose cost.
You may cross examine the petitioner and you may call the doctor for the evidence.