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kilimanjaro (md)     07 August 2019

Condonation of delay in gwop exparte order after 1198 days

hi 

i received an exparte order in 2015 and the execution petitoion was filed in 2015 in tamilnadu and then it was trasnfered to kerala court for execution , The party was well aware of the court case and summon she rejected she kept doing that for four years and one fine day i caught the party rejecting the court process server  notice by saying its wrong address , it was recorded in video using spy cam.

Current situation 

the party has come to chennai and filed section 5 condolence of delay along wtih an iterim stay application and also filed proof of affidavit

 

i would like to know does section 5 requires proof of affidavit and cross examination required or the party has to file affidavit and goes for arguments ?

 

Many telling me that there is no proof of affidavit in interim application then why file and go for cross examination

 

Could som one help me with this and how to expedite this case and get her condolence of delay dismissed.

 



 5 Replies

manoj   07 August 2019

some times for condonation of delay in section - 5 petition the party can enter into witness box and give evidence for delay in approaching the court. If court satsifies the evidence adduced by the party the court will condone the delay. Some times the court will condone the delay by imposing cost.

 

V E MANOJ KUMAR

ADVOCATE

CELL NO 8686159292

1 Like

Shashi Dhara   07 August 2019

This is also one type of dragging proceedings.if court dismiss delay application they will approach higher court.it allows then case reopens umay approach higher court .so it is better to submit memo to allow application on cost and to adduce evidence immediately and to pronounce judgement.u have to know that litigation never ends if any one says I will end litigation then he is in the Dreamworld.
1 Like

kilimanjaro (md)     07 August 2019

Originally posted by : Shashi Dhara
This is also one type of dragging proceedings.if court dismiss delay application they will approach higher court.it allows then case reopens umay approach higher court .so it is better to submit memo to allow application on cost and to adduce evidence immediately and to pronounce judgement.u have to know that litigation never ends if any one says I will end litigation then he is in the Dreamworld.

well said sir , this is what i was looking for since i dont have any idea about the procedures but wasnt sure of this proof of affidavit since the court bench clerk itself asked opp counsel why file proof of affidavit in condolence of delay section 5 

My counsel didnt object and he filed a affidavit and counter , and cross examined the petitioner , now we have to file proof of affidavit along with original copies of the attached document evidence , currently its posted after two weeks.

 

My question now is   ? : 

  i dont want them to cross me or make me do anything , the burden lies on them and not me , i have valid evidence of she evading notice for 3 years and finally caught her red handed lying to the court amin who went to serve notice to her and she opened door and misled the court amin saying its a wrong address. why inspite of all such evidence this condolence of delay is dragging for more than a year now and my execution petition is pending past 4 years.

if i file a memo to dispose the case the regular way and not to cross me for further evidence ? will it be acceptable ?

or can i file a petition in high court to expedite this case under section 5 regular way.

                                     

Shashi Dhara   07 August 2019

U file memo that u have no objection and it may be allowed on heavy cost and to be posted for evidence
1 Like

Shashi Dhara   07 August 2019

U file memo that u have no objection and it may be allowed on heavy cost and to be posted for evidencein the same court. If u go to high court then it takes another -------yrs.
1 Like

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