Condonation of delay

prasanna kumar (Querist) 05 February 2019 This query is : Resolved
Dear experts
An SA is filed before the DRT with an application for condonation of delay.
DRT dismissed the application for condonation of delay and consequently the SA. This order is challenged before the high court with a prayer to set aside the impugned order along with prayer to set aside the sale conducted by the authority. it is not prayed separately to condone the delay before the High Court. is it a fatal error. if so, whether it is curable by filing a memo or an IA before the High Court to condone the delay.
your reply will be highly appreciated.

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SHIRISH PAWAR, 7738990900 (Expert) 06 February 2019
You cannot remove the defect in prayer by filing IA.

prasanna kumar (Querist) 06 February 2019
can you please let me know what is the course to be adopted to correct the same.

prasanna kumar (Querist) 06 February 2019
or can and additional prayer be made by amending the writ petition.

P. Venu (Expert) 06 February 2019
What is the nature of the proceedings? Is it a WP?

Dr J C Vashista (Expert) 07 February 2019
Impugned order of DRT has to be assailed in writ only;
You may withdraw the WP with liberty to refile.

prasanna kumar (Querist) 07 February 2019
vasista Sir, thank you for the solution. Do you mean to say withdraw the wp and refile with the fresh prayer to condone the delay along with other existing prayers to set aside the impugned order and to set aside the sale?
your advice will help me a lot.