Crp filling
S.Lakshmikanthan
(Querist) 30 June 2014
This query is : Resolved
suit is for delivery of possession ,i am the plaintiff ,i got exparty degree .set asidec petition was filled in time but there was 200days delay in representation ,but condone delay in representationn petition was filed with supresion of facts, wrong calculation of as 19 days , with out sufficent reason,vague affidavit . i filed counter and writen argument dismis the same but order was passed condoning the delay of 19 days.
now set aside petition enquery is final stage .
we are about submit written argument in that .what can we do now ?can cr p be filed simentaneously along with condonation of delay petition. pls suggest,.
Devajyoti Barman
(Expert) 30 June 2014
Delay is liberally condoned by courts.
Do not run after the said order. Better fight the setting aside petition which is also expected to be dealt with liberally.
Rajendra K Goyal
(Expert) 30 June 2014
If you are aggrieved from the decision of the court you can go for an appeal, better wait till the set aside petition is decided.
T. Kalaiselvan, Advocate
(Expert) 03 July 2014
If the court has condoned the delay and allowed the petition, eve if the court decides against the set aside petition in your favor based on the arguments you resented, the defendant may approach higher court with a revision petition for setting aside the lower court's order on the set aside petition. He may get it reinstated through higher court, thereby the process would unnecessarily delay the proceedings, you will be suffering a loss of time, energy and money, hence allow him to come back to the case and prosecute the case properly on the basis of merits on your side. Do not prolong the issue for good for nothing issues.
