Sec. 5 limitation act.

Dhiraj A Rajhans (Querist) 06 April 2012 This query is : Resolved
applicant filed application under order 9 rule 13 of the cpc. along with the said application also filed delay condonation application to condone delay of 185 days. upon perusal of application there is not reason cited for the delay or sufficient cause shown in the application. i have strongly opposed the said application. i want to file case laws in respect of that where application not showing cause are rejected. are there any case laws to that effect.... reply awaited with citations if any

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Arvind Singh Chauhan (Expert) 06 April 2012
I think in this situation no case law is required.Court itself should reject such groundless application.

Dhiraj A Rajhans (Querist) 06 April 2012
but still i want to support that with a case law....

Nadeem Qureshi (Expert) 06 April 2012
Dear Dhiraj
it is discretion of the court to allow or dismiss this application, if court think fit that there is a sufficient reason to condonation, the court may allow the application otherwise not.
as per my opinion there is no need to any citation or case law.

V R SHROFF (Expert) 06 April 2012
usuallly delay is condoned. Formality , is not at cost of justice.

Nadeem Qureshi (Expert) 06 April 2012
on section 5 and sufficient cause the SC case is below:
Union of India v. Giani, (2011)11 SCC 480
(2011) 4 SCC 363

Raj Kumar Makkad (Expert) 06 April 2012
1. Raj Bahadur Singh & Another v. D.J. & Others(Civil Misc.Writ Petition No.12718 of 2002)

2. (2000)7 SCC 372

N.K.Assumi (Expert) 07 April 2012
Thanks for the citations on the subject.

venkatesh Rao (Expert) 07 April 2012
citations are ratio decidendi and not always helpful in given set of cases. In one case, the SC has condoned the delay of four years and in some cases it has refused to condone a weeks delay. Factual aspects are taken into consideration and try to combat their stand.