Condonation Of Delay

Querist : Anonymous (Querist) 02 May 2010 This query is : Resolved
Lnd Experts,
In a title suite, I was plaintiff. Judgment got passed in my favour by Hon’ble Sub Judge. During trial of this case defendants didn’t cross-examined our witnesses. They filed their documents but didn’t get it exhibited in the court also they didn’t do their final argument. Now after five months they (Defendants) have filed an appeal with condonation of delay. They have mentioned the reason for delay is that one of the defendant and her mother was seriously ill and was under treatment of a doctor. During trial of this case defendants were not appearing (since last 2 months before judgement) and also didn’t cross-examine three of our witnesses (have cross examine only one witness). They filed their documents but didn’t get it exhibited/marked in the court also they didn’t do their final argument. Hearing on admission of the appeal is on next month.
Will the delay be condoned after five months on this ground (there are 8 defendants and only two were ill)? Is there any citation in my favour?
Can they get their documents filed and exhibited in appeal case?
Will they cross-examine our witnesses again in appeal?

Thanks and regards to all.

Follow Query

Report Abuse

Guest (Expert) 02 May 2010
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE

MOBILE.9271971251
e.mail.adv.nbsawant@yahoo.co.in
e.mail.nandkumarbs@sify.com

REGARDING THE DELAY KINDLY NOTE THAT.

1.YOU SHOULD NOT TAKE THE MATTER WITH ANGRY MOOD.BE PATIENT AND KINDLY NOTE THAT GENERALY COURT CONDON THE DELAY BY IMPOSING COST ON THE OTHER SIDE.YOU MAY DEMAND REJECTION OF APPLICATION OR IMPOSE HEAVY COST

2.KINDLY NOTE THAT SUFFICIENT REASON IS CONSIDERED IN COURT AND SICKNESS SUPPORTED WITH MEDICAL CERTIFICATES IS A GOOD REASON.
3.IN YOUR OWN INTEREST KINDLY REMEMBER THAT EVEN IF YOU GET THE APPLICATION FOR DELAY CONDONATION REJECTED THEN THE OTHER SIDE MAY APPROACH HIGH COURT AGAINST THE ORDER AND HIGH COURT WILL ALLOW IT .IT WILL CONSUME MORE TIME AND FINANCIAL BURDEN ALSO.

4.IT WILL BE ADVISIBLE FOR YOU TO CONTEST THE MATTER AT LOWER COURT EVEN IF EVIDENCE IS ALLOWED IT WILL TAKE LESSER TIME AS COMPARED TO HIGH COURT AND AGAIN TO LOWER COURT.PLEASE NOTE.
YOU MAY WRITE OR CALL .
THANKS.

niranjan (Expert) 02 May 2010
I agree with Mr. Sawantji. If the condonation application is allowed,the appeal will be registered and notices issued. One cannot say when final hearing of the appeal will take plalce.Even after final hearing the appllate court will remand the matter.But documents submitted in the lower court cannot be exhibited nor your witnesses can be cross examined at appellate stage.

Querist : Anonymous (Querist) 03 May 2010
sir, Thanks for the reply
None of the title documents of defendant got exhibited/marked, what will be the legal significance of that.

G. ARAVINTHAN (Expert) 03 May 2010
Any delay can be condoned by the Court if the Court is satisfied with the reasons stated in the application to condone the delay

Kumar Thadhani (Expert) 03 May 2010
The delay and condonation for filing application could be condone if the court is satisfied and could be prove by adducing evidecincing to youe explanation sufficient enough to satify the court.

Previous

Next

You need to be the querist or approved LAWyersclub expert to take part in this query .

Click here to login now

Similar Resolved Queries :

Ask Query
Unanswered Queries