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D V K KUMAR   23 May 2018

Maintainibility of condonation of delay application

Dear Experts, I want to know whether condonation of delay application is to be filed essentially, while filling an Writ Petition u/s 226 Constitution of India in High Court? The matter is associated with education matter relating to a Ph.D student who wants to challenge 8 months past Vice Chancellor decision. please urgent reply is awaiting.

Regards,
DVK.


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 2 Replies

Pradipta Nath (Advocate)     26 May 2018

Unlike suits of other nature, limitation for which is prescribed by the Limitation Act, no limitation is prescribed for filing of writ petitions.

At the same time as because there is no limitation framed the aggrieved cannot approach the Court at its convenience.

Hidayatullah, C.J. in Messrs Tilokchand Motichand and others v. H. B. Munshi observed that: The party aggrieved must move the Court at the earliest possible time and explain satisfactorily all semblance of delay. Please check the concerned High Court Rules or time frame in this regard. 

D V K KUMAR   29 May 2018

Sir, thanks for your reply. Regards.
DVK

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