Format of Condonation of Delay.

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Thank you Sir. Yes, i have just started my practice. i have done my law after marriage. Thank you for your kind words.

First of all appeal (or whatever or whereever one is assailing the order/decree/judgment) should lie. Check that first.

One should go to immediate competant jurisdiction.

If both of above are ascertained and thenif it is revealed that statute if limitation has run over it, then calculate total delay in terms of calender days ...... then mention

as per Section 5 of Limitatin act 1963.

Then mention the 'sufficient cause' (es) .........  why you deserve to be ondoned of delay?

Make a comparative analysis. Show appeal won't become infructuous completely if condonation granted and if appeal taken for hearing.

Also show merits of the case, prima facie, why appeal being preferred. How the miscarriage of justice' has occurred (Don't too much other wise it is deemed as if 'why were you sleeping for so long?'. Say circumstances and new evidence has taken you for a big surprise. etc etc etc. It all depends on your case.)

Show/give security or show willingness to give security for costs to other party.

Make a supporting affidavit at the same.(it is a must)

There is no specific format as such.

better take help of one senior advocate, because you have to prepare appeal with condonation of delay.

it has to be drafted. no specific format is there.

one good cause for condonation of delay is - due to financial problem, the party not able to come to court immediately.

ofcourse it is not your case but you may use it if you like.

Thank you Jamai ji, Thank you Arup ji for your kind words of wisdom. Appeal period of 30 days has already lapsed. So, as per my humble understanding i would need to file  total two documents---> 1- Memorandum of Appeal and 2- Affidavit for Condonation of delay.