Is allegations a valid reason to condone delay in filing spp
Querist :
Anonymous
(Querist) 19 July 2020
This query is : Resolved
sir, petitioner has filed condone delay petition to condone delay of 446 days in sub court to file appeal , in affidavit petitioner just mentioned lower court suit avernments with little modifications and has not mentioned any reason for delay. In one para just mentioned I tried mediation through elders but respondent was very stubborn .in another para petitioner mentioned police complaint by petitioner and respondent mother on respondent and said respondent had fight with mother and finally petitioner says due to such prevaling situation i didn't want to cause hardship to any one. Is this acceptable for courts if petitiioner narrates her suit allegations to condone delay. Requesting your expert opinion please thanking you.
Rajendra K Goyal
(Expert) 19 July 2020
The averments seem to be poor. Matter is pending before court, let the court decide on the basis of merits.
Dr J C Vashista
(Expert) 20 July 2020
What are the facts of case/ suit stated to be pending in sub-court?
Querist :
Anonymous
(Querist) 20 July 2020
Petitioner (Sister) filed suit on own Brother in munusif court to declare registered deed as null and void with avernments stating un due influence and coercion on not well father. All Allegations false. Suit was rejected after munusif court Allowed respondents IA on O7R11b but in order judge has mentioned bare declaration is not sustainable under section 34 of specific relief act and petitioner failed to to take action under order 2 rule 2 and petitioner is not the exclusive owner of the property hence plaint is rejected by law . order passed in oct 2016. in aug 2018 petitioner went to HC with Revision with condone delay petition but HC rejected saying Appeal is only permitted in oct 2018. In June 2019 Petitoner filed condone delay petition in sub court to file appeal now. So this is the background of the case. Now in the condone delay Affidavit Petitoner is only mantioning the false allegations of un due influence and coercion on not well father copy pasted from main suit avernments and in addition in one para saying tried mediation through elders to which respondent was stuborn and another para just mentioned that petitioner and respondent mother filed criminal complaint on respondent and respondent relationship with mother is not also not good. Mother complainted on me before trail court rejected the plaint and in her complaint she only said my son is not listening to me. she was asking for diving the house when status quo injunction order was there to which i had to oppose. later on say day with in few hrs police advised both of us to cooperate and dont bring such small matters to police. No FIR was filed or i was not told about it by police. only just one complaint was registered. These are the facts of the fact in condone delay petition affidavit. Requesting expert advice to counter this and dismiss petitioners petition now. I am party in person and not able to appoint advocate as three times it was influenced by opponents. Please help me, thanks
P. Venu
(Expert) 20 July 2020
The averments in a memorandum of appeal are of no relevance. What matters are the ground on which the appeal is filed or condonation of delay is sought.
Querist :
Anonymous
(Querist) 20 July 2020
Dear Sir, I received only the copy of condone delay petiton with its affidavit. what ever i said is in the affidavit given to condone the delay of 446 days. petitioner has not given any other reason for delay. All they are saying is allegations copy pasted from main suit with little changes, rejecting suit under o7r11b with out giving time to pay money is false by ignoring complete order , mediation not cooperated by respondent , police complaint was done by mother, Requesting your guidance please. thanks
P. Venu
(Expert) 20 July 2020
The subsequent posting, as above, lacks clarity and is rather disjointed. Please post complete facts, esp. as to relevance of O7r11b.
Rajendra K Goyal
(Expert) 20 July 2020
If the acceptable reason for condonation of delay are not given, court may not accept.
Querist :
Anonymous
(Querist) 20 July 2020
Kindly requesting expert advice to file strong counter to reject the petition and not to allow condonation of 446 days, thanks
Rajendra K Goyal
(Expert) 20 July 2020
No advice possible without referring full case file, take help of your lawyer.
