Delay condonation in summary suit.

Adv. Deepak (Querist) 17 March 2015 This query is : Resolved
Respected Sirs,
In Bombay City Civil Court, Summons for Judgement has been issued against Defendant in summary suit. There is a delay of more than one year in filing leave to Defend. For filing delay condonation application, is it required to issue chamber summons or can it be directly filed before the Court on the next hearing date?
Kindly advise suitable course of action.
Regards.

Follow Query

Report Abuse

Dr J C Vashista (Expert) 18 March 2015
There is 10 days limit for filing of application (with detailed affidavit) for leave to defend, which cannot be condoned in any case. The Court has to pass a decree in favour of plaintiff just on/after 11th day of service of summons for judgment to the defendant, please read order XXXVII CPC again.

Adv. Deepak (Querist) 18 March 2015
Respected Expert Dr. J.C.Vashista,

Sir,
Order XXXVI Rule 3 Sub Rule 7 reads as follows :
"The Court or Judge may, for sufficient cause shown by the Defendant, excuse the delay of the Defendant in entering an appearance or in applying for leave to defend the suit."
In this connection, my query is whether it is required to take Chamber Summons for preferring such delay condonation application or it an be directly preferred in the court on the date of next hearing.
Regards.

T. Kalaiselvan, Advocate (Expert) 19 March 2015
In the given situation where the delay is inordinate, for condoning delay in filing the defence affidavit, it will be better if Chambers summons route is adopted where the matter can be explained in detail.