Powe of court

Gopal Krishnan (Querist) 06 September 2014 This query is : Resolved
APPELLANT PLEADED AND PRAYED TO CONDONE DELAY OF 12 DAYS. ACTUAL DELAY WAS 25 DAYS
WHICH WAS POINTED OUT BY RESPONDENT WHO OPPOSED THE PLEA TO CONDONE 12 DAYS DELAY.
APPELLANT DID NOT CONTROVERT THE AVERMENT OF RESPONDENT OR MAKE ANY AMENDMENT TO HIS PLEA AND PRAYER. IN SPITE OF THIS FACTUAL POSITION THE APPEAL COURT CONDONED DELAY OF 25 DAYS. IS IT PROPER FOR THE APPEAL COURT TO GRANT RELIEF WHICH IS NOT PLEADED OR PRAYED FOR ? HAS THE APPEAL COURT POWER TO DO SO OR IS IT COLOURABLE EXERCISE OF POWER? ?

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Dr J C Vashista (Expert) 07 September 2014
Interpretation of order/judgment passed by the court can be made only after persuing the same.
However, in the given circumstances, prima facie, no such serious infirmity. Even then if you feel so strong file a revision in higher court.

Rajendra K Goyal (Expert) 07 September 2014
If not satisfied with the decision file revision.

ajay sethi (Expert) 07 September 2014
you should fight on merits . you are right that court cannot grant reliefs not prayed for . if condonation of delay sought is only 12 days then only 12 days delay can be condoned

V R SHROFF (Expert) 07 September 2014
REPEATED QUERY ON DELAY CONDONATION:

COURT HAVE AMPLE POWER.

Procedure [ DELAY] does not take away JUSTICE..
INHERENT POWER OF COURT / TO DELIVER JUSTICE.
PROCEDURES CAN BE RELAXED..

courts are for justice, not for procedure. , which are mere guild-lines to conduct cases.

Raj Kumar Makkad (Expert) 07 September 2014
I do agree with the experts hence no more to add.

ADV-JEEVAN PATIL, MUMBAI (Expert) 08 September 2014
Prayer always contains �ND "any other further order as court may deem fit " apart from main Prayer stated.Therefore it presupposes any further order is a courts discretion hence not ultravirus