Delay condonation

Ahishek Shinde (Querist) 20 June 2012 This query is : Resolved
Hello Experts,

In 1986, My aunt had filed RTS case on my father regarding mutation entry of disputed land block no. 506, 789 and 884.

In parallel, in 1986, she filed regular civil suit also in junior civil court.

In 1992, civil court declared the result. we are not aware of it. We came to know the order in last few weeks while collecting the documents required for RTS revision case proceeding.

RTS revision is still pending.

Can we appeal on civil court's judgment given in 1992? Can we give the reason of RTS case for delay condonation?

What are the other points need to be highlighted for delay condonation?

Thanks,
Abhishek

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Shonee Kapoor (Expert) 20 June 2012
No, you can not file a case after 20 years.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

Tajobsindia (Expert) 21 June 2012
It can filed and will be condoned.

All that has to filed is an application under S. 5 of Limitation Act for condonation of delay in filing the appeal. One has to state that he came to know the impugned orders in June 2012 when he contacted XXX for obtaining the copy of XXX and immediately after knowing the impugned orders, he has filed present appeal.

Prior to June 2012 he was not aware of the impugned orders and therefore the limitation period in this case starts from June 2012 i.e. the date when appellant came to know about the impugned orders. The appellant should further state that delay in filing the present application is neither intentional nor deliberate and there is sufficient cause for not filing the accompanying appeal within time from the dates of passing the impugned orders. However the appeal is within time from the date of knowledge.

In the present brief, the appellant has to explaine the delay by submitting documents/proof regarding the inordinate delay of approx. XX years in filing the appeals. Appellant also have to submitt documentary proof that he has challenged the Sale deed in any court of law.

There is, to my mind, sufficient ground to condone the delay in filing the present application by the appellant.

Nadeem Qureshi (Expert) 21 June 2012
Dear Abhisek
Delay condonation is a Discretionary power of the court, youcan file an application before the court u/s 5 of Limitation act
5. Extension of prescribed period in certain cases. Any appeal or any application, other than an application under any of the provisions of Order XXI of the Code of Civil Procedure, 1908 (5 of 1908 ), may be admitted after the prescribed period if the appellant or
the applicant satisfies the court that he had sufficient cause for not preferring the appeal or making the application within such period. Explanation.- The fact that the appellant or the applicant was misled by any order, practice or judgment of the High Court in ascertaining or computing the prescribed period may be sufficient cause within the meaning of this section.
if the court satisfied with your ground for delay, the court may pass an order to delay condone
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