Delay excuse petition in mandatory injunction suit

Querist : Anonymous (Querist) 25 June 2021 This query is : Resolved
In Mandatory Injunction suit dismissed for default in 2002, a condone delay petition is filed in 2018 without any proper reason. Is the Court numbering the IA proper and as per procedural law.

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This discussion examines the procedural validity of a petition to condone a significant delay in filing a restoration application for a mandatory injunction suit dismissed in 2002. While the court may number such applications, the ultimate decision rests on whether sufficient cause for the 16-year delay is adequately explained, as required by Section 5 of the Limitation Act.

Advocate Bhartesh goyal (Expert) 25 June 2021
As per sec 5 of Limitation Act, each day delay has to be explained but in said case I.A has been submitted after 16 years of didmissal of suit and no any sufficient reason has been explained so such I.A is not acceptable/maintainable and liable to be dismissed.

P. Venu (Expert) 26 June 2021
There is nothing wrong in numbering the IA. The defect is curable. It is for the court to decide whether the delay is proper or otherwise.

T. Kalaiselvan, Advocate (Expert) 29 June 2021
The court will allow the petitioner to file the IA filed under section 5 of the limitation act seeking to condone delay in filing restoration petition to restore the suit for mandatory injunction, however if not proper or sufficient cause or explanation is furnished for the delay, then the court may dismiss the IA.

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