Restoration application and delay condonation

dhananjay adkar (Querist) 12 October 2009 This query is : Resolved
legality of combined prayer in same application for restoration of civil suit and Delay condonation in filing application under o9 r 9 of CPC and sec 5 limitation Act Give judgement and citetions for this

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Jithendra.H.J (Expert) 12 October 2009
there should be separate application for delay condonation.

adv. rajeev ( rajoo ) (Expert) 13 October 2009
you have to file two application seperately, you will have to explain the reasons for delay in filing the restoration and days of delay.
the grounds should be reasonable.

Adv Archana Deshmukh (Expert) 13 October 2009
As stated above two seperate applications are to be filed, explaining the reasons for delay and days of delay along with affidavit

Adinath@Avinash Patil (Expert) 13 October 2009
THERE IS NO PROVISION TWO FILE COMBINE APPLICATION FOR RESTOATION OF SUIT AND DELAY CONDONATION APPLICATION.YOU FILE REASTORATION APPLICATION ALONG WITH SEPARATE DELAY CONDONATION APPLICATION,COURT WILL FIIRST DECIDE DELAY CONDONATION ALLICATION THERE AFTER IF DELAY CONDONATION APPLICATION ALLOWED THEN RESTORATION APPLICATION DECIDE.

A.P.Manoranjan (Expert) 13 October 2009
You will have to file two separate applications.First delay condonation will be decided by the court and then Restoration.

Sachin Bhatia (Expert) 13 October 2009
You have to file two seperately application. Court will first decide Condonation of delay application if it is accepted by court then court will decide restoration application.