Limitation act - condone delay.
Y Singh N Rajput
(Querist) 16 June 2015
This query is : Resolved
The petitioner appealed and the appeal got rejected by the district court as the principal case filed in the subordinate case was rejected a year back. (The court had issued a notice to his lawyer, he replied that he is no longer repressed the case). Now the petitioner has approached the lower court to condone delay of about 12 months. Whether his application is reasonable or the court would condone the delay?
Advocate Bhartesh goyal
(Expert) 16 June 2015
Delay in filing suit can not be condone.sec 5 of Limitation Act applies only to condone the delay in appeals and applications.
Y Singh N Rajput
(Querist) 16 June 2015
I am again re-wording my query to clarify:
"The petitioner's appeal got rejected by the district court as the case in the subordinate case was rejected a year back.
(The lower court had issued a notice to his lawyer, the lawyer replied that he is no longer represented the case).
Now the petitioner has again approached the lower court to condone delay of about 12 months and reopen the rejected case?
Whether this application is reasonable or the lower court would condone the delay and reopen the rejected case?"
Y Singh N Rajput
(Querist) 16 June 2015
I have given reasons for his non-appearance: his advocate says he no longer represented him. The plaintiff might have removed his advocate and did not appoint another one.
