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Condoned of delay

(Querist) 08 August 2012 This query is : Resolved 
Please quote SC judgments where applications for condoned delay have been rejected.

This is towards an interim judgement issued by a lower court, in favour of the wife, in a case under DVP Act. The husband has not complied with the orders and has filed for a condoned delay in the Principal sessions court, citing inability to access certified copies of the interim judgment - which were actually given free by the court to both parties.

Now the main case is getting delayed because he has filed for condoned delay and criminal appeal in the Sessions court.

What are the legal provisions for fighting this injustice? Please help with your advise. Thank you.
Guest (Expert) 08 August 2012
Condonation of delay depends solely on the merits of the case and compelling grounds justifying condonation of delay.

On the other hand each individual judgment is based on circumstances of the individual case and cannot be cited for any or every case, if the circumstances do not match. So there would be hundreds of judgments pertaining to condonation of delay. You may therefore need either to search yourself for some relevant judgment that can match circumstances of the case or to hire services of some expert near to your place.

GRK (Querist) 08 August 2012
Thank you very much, Shri PS Dhingra and Shri Ashish Davessar, for your thoughts and information.
Guest (Expert) 08 August 2012
You are welcome.


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