Fling procedure

B.Seshadri siromani (Querist) 30 September 2022 This query is : Resolved
how to get enlargement of time in court in resubmission of returned petition filed 5 of limitation act? can we resubmit along with petition u/s 148 r/w s.151 of c.p.c.? Is it enough? please answer.

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This discussion explains how to request an extension of time to resubmit a returned court petition. It clarifies that Section 148 of the Civil Procedure Code (CPC) is the appropriate route for seeking an enlargement of time, rather than Section 5 of the Limitation Act. The advice suggests providing valid reasons for the delay when applying under Section 148 CPC, which allows courts to extend deadlines up to thirty days.

Dr J C Vashista (Expert) 01 October 2022
You may apply section 148 CPC for re-submission, giving reasons for delay thereof. However, Section 5 of Limitation Act would be inappropriate.

Section 148 CPC provides:
Where any period is fixed or granted by the Court for the doing of any act prescribed or allowed by this Code, the Court may, in its discretion, from time to time, enlarge such period 1[not exceeding thirty days in total], even though the period originally fixed or granted may have expired.

What is objection against that the petition was returned for re-submission ?

P. Venu (Expert) 05 October 2022
What re the facts? What is the context?

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