cpc

delay in filing appeal with prayer for condoning the delay


Being aggrieved by the order passed by District Forum a litigent has filed appeal that too without prayer condonation of delay. The State Commission dismissed the appeal since no prayer for condonation of delay was made. What will be the fate of revision, since the appeal was not dismissed on merits ?

 
Reply   
 
medical practitioner &legal studies

since there is omission in procedural law in review if proper grounds are established good results are expected.

 
Reply   
 


Advocate

Dear Paritosh,

you need not worry, you can file your revision before the National Commission with in time limit of dissmissal of apeeal and definitely the national commission will listion your case.

 
Reply   
 
LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA

I do agree with the views of Mr. Ramdas.

 
Reply   
 

 

Section 21 of the Consumer Protection Act confers jurisdiction on the National Commission to set aside an order of a State Commission if it has failed to exercise jurisdiction vested in it by law. Proviso to section 15 of the Act nowhere says that an application for condonation of delay is mandatory. If there is sufficient material before the State Commission that there was sufficient cause for the appellant for not filing the appeal within prescribed period, it may entertain the appeal. Otherwise also, now a days the Superior Courts are laying stress on deciding the lis on merits instead of technical grounds. So, if the matter is good on merits, the revision may be allowed.

 
Reply   
 

LEAVE A REPLY


    

Your are not logged in . Please login to post replies

Click here to Login / Register  



 

  Search Forum








×

Menu

IPC Grand Course     |    x