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Samrat Saha Roy (Advocate)     29 April 2011

Delay Condonation

Hi, members need help.

In consumer appeal where there is delay, Memo of appeal is to file along with delay condonation petition.

Required Case Laws in this regard. 



Learning

 7 Replies

adv. rajeev ( rajoo ) (practicing advocate)     30 April 2011

In my opinon memo to condone the delay is not sufficient.  Delay should be explained.  Hence IA along with an affidavit of the appellant is necessary.

Dr. Satyanarayan Soni (IGP Office Ujjain Zone MP India)     30 April 2011

Dear Sir, The motive of law is to curb litigation. The person who caused delay, law presumes that he is not victamise from the deal and obstructs to legal recourse. If there is geniune reasons i.e. the victim was unable to move, admitted in Hospital, or other reasons he must be given opportunity to file case beyond limits. Courts considers it in every individual matter. Law needs that there should not be delay and delay causes 'after-thought' matter. Hence it is well in the interest of society to file suit within time. Dr. Satyanarayan Soni, Receipient of the Hon'ble President's Police Medal for Meritorious Services. Mobile 9425030615, Email sn_soni53@yahoo.com

PAVAN KUMAR AKA (Junior Civil Judge)     30 April 2011

Simply filing of Delay condonation petiton with an affidavit is also insufficient.  The Court's are considering the grounds of delay for consideration of condonation of delay.   As such, as far as possible, the delay shall be explained with reasonable grounds and also to file proof of such delay if possible basing on the circumstances.   However, the delay in filing for unavoidable circumstances, shall not cause injustice to the needy party.


(Guest)

Agree with PAVAN KUMAR AKA.

rohit madan walimbe (Advocate)     18 May 2011

delay for filing application you have to give explanation of each day and it is the discretion of court to condone delay or not

VISHNU (PO)     20 March 2012

dear sir

 

there is lot of judgment of supreme court where courts are liberal in condoning the delay

Arka Foundation ( A D R)     28 March 2012

Dear  Ld Members,

In  a matrimonial case,

a party to case filed an IA ( condone delay petition) with strict proof  to set aside ex parte decree and the court has accepted the same and case is pending.

Now,

In this regard, the opposite other party can summon the organisation who gave strict  poof to find out the truth of strict proof, the interest of justice.

 

 


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