appeal for condonation of delay for filing 148 petition
lavan kumar
(Querist) 23 October 2010
This query is : Resolved
Hi,Iam kumar and i would like to know whether there is any instance that a court had condoned a delay of more than one year for filing 148 petition after 2002 limitation act, if so give me the citation and kindly help me
Devajyoti Barman
(Expert) 23 October 2010
If the delay is properly explained and the reasons were found to be beyond the control of the petitioner then it should be condoned. Remember, it is not the time period but the reasons for delay which is only considered by the court.
adv. rajeev ( rajoo )
(Expert) 24 October 2010
You have to explain delay with proper reasons by adducing your evidence.
s.subramanian
(Expert) 24 October 2010
Mr.Barman is right. It is not the quantum of delay that counts. If you have a valid and sufficient reason for the delay,the court has to condone it however long it may be.
lavan kumar
(Querist) 24 October 2010
Thank u all gentlemen, yes Mr.Berman were right, actually my advocate filed an out of order stating that the file was missing for 5 years and the judge asked that if there were any instances of condoning such long delay after 2002 accepted by any court then she is ready to accept the petition.So if there is any citation of that kind please do advise me.
