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SUBHASH CHANDRA, AVM J. RAJENDRA
Dr. Arun Nagrath – Appellant
Versus
Rafique Khan – Respondent
ORDER
As per the record of the Registry, there is a delay of 1879 days in filing this Revision Petition. Accordingly, IA No. 5433 of 2024 has been filed on behalf of the Petitioner seeking Condonation of delay. In the said IA, it is submitted that the above-captioned petition has been filed by the Appellant against the impugned order dated 31.03.2021 passed by the Ld. State Consumer Disputes Redressal Commission, Lucknow in Review Application No. 24/2021 and final order dated 14.11.2018 passed by the State Consumer Disputes Redressal Commission, Lucknow in Appeal No. 1389 of 2014. He further submitted that the petitioner is a 75+ years, senior citizen with serious health conditions and the Appellant undergoes dialysis for advance chronic kidney disease since 2018. Therefore, the petitioner could not file this petition in due time as he was under strict lockdown due to the pandemic and he being a highly vulnerable target for Covid-19 since 2020. It was also pertinent to mention that the petitioner was informed regarding the legal proceeding against him for the very first time, in 2019.
2. As regards period of limitation for filing of a Revision Petition, Regulation 14 of the CP (Con
‘Sufficient Cause’ means that the party should not have acted in a negligent manner or there was a want of bona fide on its part & applicant must satisfy that he was prevented by any “sufficient caus....
(1) Where case has been presented in court beyond limitation, applicant has to explain the court as to what was the “sufficient cause” which prevented him to approach court within limitation.(2) When....
1. Limitation - Limitation has to be applied with all its rigour when the statute so prescribes, though it may harshly affect a particular party. 2. Condonation of delay - Condonation of delay is not....
(1) Each day’s delay - The petitioner failed to explain or show sufficient reason for delay of each day as required under the law. In the instant case, the cause shown for delay that the issue pertai....
“Sufficient Cause”- ‘sufficient cause’ means that the party should not have acted in a negligent manner or there was a want of bona fide on its part and that the applicant must satisfy that he was pr....
Condonation of delay is not a matter of right and the applicant has to set out the care showing sufficient cause which prevented them to come to the commission.
(1) Protracted delay - The petitioner failed to show sufficient reason for delay of each day as required under the law. In the instant case, the cause shown for delay that the issue pertains to the d....
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