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MINI PUSHKARNA
Lintas India Pvt. Ltd. – Appellant
Versus
Prasar Bharti – Respondent
JUDGMENT :
[Mini Pushkarna, J.]
I.A. No. 15490/2018 (Application on behalf of plaintiff seeking condonation of delay under Section 151 CPC in filing the affidavit in response)
1. This is an application on behalf of the plaintiff seeking condonation of delay of 33 days in filing affidavit in response to I.A. No. 5428/2018 filed on behalf of the defendant.
2. Considering the averments made in the application, the delay of 33 days in filing the affidavit on behalf of plaintiff is condoned.
3. Application is disposed of.
I.A. No. 5428/2018 (Application under Order 37 Rule 3(7) CPC read with Section 151 CPC on behalf of defendant for condonation of delay in entering appearance)
4. This is an application under Order 37 Rule 3(7) of the Code of Civil Procedure, 1908 (in short „CPC?) read with Section 151 CPC on behalf of the defendant for condonation of delay of 43 days in entering the appearance in the captioned suit under Order 37 CPC.
5. The present suit has been filed as a summary suit under Order 37 CPC against the defendant for recovery of a sum of Rs.3,80,87,166/- and interest thereon amounting to Rs.98,44,475/- along with interest @ 18% per annum from the date of filing of the suit
The main legal point established in the judgment is the need for a liberal approach in condoning delay and restoring suits to file, emphasizing the importance of deciding cases on merits rather than ....
The court emphasized the term 'sufficient cause' as a necessary condition for the extension of the prescribed period under the Limitation Act, highlighting the importance of providing adequate reason....
The court endorsed a liberal approach to condoning delays in appeals, emphasizing substantial justice over technicality, while holding the State to the same standards as other litigants.
The main legal point established in the judgment is the need for a liberal construction of 'sufficient cause' under Section 5 of the Limitation Act, 1963, and the exercise of discretion to advance su....
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