Condonation of late filing

rockfall (Querist) 28 September 2010 This query is : Resolved

Dear Respected Experts

The issue is: whether or not the court can be held to have implicitly condoned late filing of court process where the opposing party does not object and where the court issues preparatory orders only in respect of the merits of the case and does not mention late filing in any of those?

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Chanchal Nag Chowdhury (Expert) 28 September 2010
The period of limitation is checked by the Department of the court & they are supposed to file a report on limitation on every Appeal/Revision petition filed.
If preparatory orders in respect of the merits of the case have been made, then the matter should be within limitation. This will, however, not prevent the O.P. from raising the point of limitation when the matter comes up for hearing.

Niikhil C. Shirgaonkar (Expert) 28 September 2010
Even though the Court has passed the preparatory orders on merits of the case, the opposite party has every right to raise the point of limitation at the time of hearing. Condonation delay can be considered only for the filing of the matter and not for deciding the matter on merits.