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Condonation of delay in WS

(Querist) 02 September 2010 This query is : Resolved 
The Defendant is appeared after getting the information from newspaper about the civil suits, then the defendant appeared but the court is on leave

Thereafter the summer vacation began and therefore the defendant had filed Vakilpatra and made application for grant of time to file written statement on record on June 2010.

Whether the application for grant of time is tenable OR

The defendant have to file the application for condonation of delay ?

If application for condonation of delay is to be filed then how to compute the period
Whether from the date of publication in newspapaper or from the Dt of First Appearance of Party OR from the date of receipt of Copy…


Pls guide

its very urgent

pls provide provision and citation also………….
s.subramanian (Expert) 02 September 2010
You have to file the written statement with a petition to condone delay. The 90 days period has to be calculated from the date on which the publication appeared in the newspaper. The delay has to be reckoned only from that date on which the 90 day period expires.
Rajeev kulshreshtha (Expert) 02 September 2010
I do agree with subramanian sir.
Y V Vishweshwar Rao (Expert) 02 September 2010
It is true that from the date of Service of Summons / Notice/publication the Written statesmen to be field with in 90 days and the Court can condone the delay even after 90 Days and receive the Written Statement
Devajyoti Barman (Expert) 02 September 2010
Yes, that 90 days time is in any case firectory and not mandatory.
adv. rajeev ( rajoo ) (Expert) 03 September 2010
Summer vacation period will be excluded.
R.Ranganathan (Expert) 03 September 2010
90 days from the date of your knowledge i.e. the date of publication. If the summer vacation is in between then you have file the condone delay petition on the opening day.
Advocate Rajiv Mishra (Expert) 03 September 2010
if defndnt came thrgh publication the time will be calculated frm the dt of sully of copies. vaccation prd will be lessed.
bhupender sharma (Expert) 03 September 2010
90 days only with the sufficent cause is shown to the court. rest I agree with the views.
Uma parameswaran (Expert) 03 September 2010
90 days started from the date of knowledge and you can also exclude vacation days.
AA RAMAKRISHNAN (Expert) 09 September 2010
If sufficient cause is shown the delay is usually condoned by the courts. Even an application with the w/s is normally filed within 90 days. Date of knowledge is the cause and the days of holidays are to be excluded


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