AI Overview...
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Application for Condonation of Delay - Several cases involve applications seeking to condone delays in filing legal proceedings, often citing significant delays ranging from a few days to over ten years. The courts assess whether the delay is sufficiently explained and whether it falls within permissible limits under the law State of Gujarat VS Magansinhji Medatia - Gujarat, Somnathappa s/o Nagnathappa Halge VS Kamalbai w/o Govindlal Goud, since deceased through her L. Rs. - Bombay, SRI. SRINIVASA REDDY T. vs SMT. MADAMMA, by NAGAVENI W/O LATE VEERAIAH - Karnataka.
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Legal Framework - The primary legal basis for condonation is Section 5 of the Limitation Act, 1963, which grants courts discretion to condone delays if sufficient cause is shown. Additionally, the Code of Civil Procedure (CPC) and relevant Articles of the Constitution (e.g., Articles 14, 226, 227) guide the courts in examining such applications SRI. SRINIVASA REDDY T. vs SMT. MADAMMA, by NAGAVENI W/O LATE VEERAIAH - Karnataka, INTEGRATED HOUSING DEVELOPERS LTD. Vs DR. SEN VARGHESE - Kerala.
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Criteria for Condonation - Courts generally consider the explanation for the delay, the length of the delay, and whether the application is made promptly after the delay is discovered. In some cases, delays of over ten years have been rejected due to lack of satisfactory explanation, leading to dismissal of the main petition or appeal INTEGRATED HOUSING DEVELOPERS LTD. Vs DR. SEN VARGHESE - Kerala.
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Implications of Delay - Excessive delays without valid reasons tend to result in dismissals, especially when statutory deadlines are exceeded. Courts emphasize the importance of timely filings to uphold the principles of justice and legal certainty AHMEDBAD MUNICIPAL CORPORATIONTHRO' ITS TRANSPORT MANAGER VS RASHIDMIYA MAHAMADMIYAN ARAB 1576 MOTI BALUCHAVAD OPP MAYNA - Gujarat, SRI. SRINIVASA REDDY T. vs SMT. MADAMMA, by NAGAVENI W/O LATE VEERAIAH - Karnataka.
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Restoration and Review of Applications - Applications for restoration of condonation applications or review of orders are also subject to strict scrutiny, with courts requiring clear justifications for such requests. Delay in filing review or restoration applications is often a ground for denial MADHUMATI SURESH RAUT VS NAMDEO TUKARAM YADAV - Bombay.
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Special Circumstances - In some cases, delays caused by allegations of fraud or other exceptional circumstances may be condoned, but courts remain cautious and require substantial proof to justify such exceptions Ramesh and others VS D. D. C. and others - Allahabad.
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Conclusion - The general stance of the courts is to discourage delay and uphold procedural timelines. Condonation is granted only when a genuine, well-explained cause is demonstrated. Excessive delays, especially without satisfactory reasons, lead to dismissal of applications or main petitions INTEGRATED HOUSING DEVELOPERS LTD. Vs DR. SEN VARGHESE - Kerala, SRI. SRINIVASA REDDY T. vs SMT. MADAMMA, by NAGAVENI W/O LATE VEERAIAH - Karnataka.
References: - Code of Civil Procedure, 1908 - Section 141 - Limitation Act, 1963 - Articles 137 and 5 - Relevant case law examples from the provided sources.
Search Results for "Original Application 137 Delay Condonation"
2022 0 Supreme(Guj) 302 • India - Gujarat
A.P.THAKER
Code of Civil Procedure, 1908 - Section 141 - Condonation of Delay - Legal Heirs - This is an application preferred by original ... petitioner-applicant State of Gujarat for condonation of delay of 3578 days in preferring application for bringing legal heirs of ... of petitions filed by deceased respondent - There is no sufficient explanation regarding delay occurred in fling application for ... This is an application#HL_E....
2025 Supreme(Online)(CAT) 10855 • India - Central Administrative Tribunal
Justice Ranjit More, CJ, Mr. Rajinder Kashyap, J
... ... Issues: The court addressed whether the delay in filing the review application could be condoned. ... Facts of the Case: The review applicant seeks to condone a delay of 114 days in filing the review application concerning the prior ... No.552/2025 (Condonation of Delay) The instant Miscellaneous Application (MA) has been filed by the review applicant seeking condonation of delay of 114 days in filing the subject ... Review....
2013 0 Supreme(Bom) 528 • India - Bombay
S.S.SHINDE
alongwith Miscellaneous Civil application No. 137 of 1984 for condonation of delay. ... It is not in dispute that, original respondent Kamlabai Goud filed Regular Civil Appeal No. 181/1988 in the District Court, Beed ... Said application came to be decided on 6th June, 1988. R.C.A. No. 181 of 1988 was contested by the parties. ... It is not in dispute that, original respondent Kamlabai Goud filed Regular Civil Appeal No. 181/1988 in the District Court, Beed along with....
2005 0 Supreme(Bom) 1666 • India - Bombay
R.M.S.KHANDEPARKAR
application for condonation of delay filed at the appellate stage. ... attracted even in case of application for restoration of the application for condonation of delay filed at the appellate stage. ... to the application for restoration of the application for condonation of delay, filed either in the suit as well as in the appeal ... the application for restoration from #HL_STAR....
2025 Supreme(Online)(Kar) 16463 • India - Karnataka High Court
M.NAGAPRASANNA, J
for condonation of delay, and thus dismissed the petition. ... were valid despite not being a party to the original suit. ... ... ... Issues: The primary issue was whether the delay in filing the application could be excused and whether the petitioner’s claims ... Therefore, there is a enormous delay in filing this petition and even the application for condonation of delay is also not file. Therefore, though the petition is mainta....
2021 Supreme(Online)(KER) 38493 • India - High Court of Kerala
V. G. Arun, J
Final Decision: The original petition is dismissed. ... Limitation - Civil Procedure - Limitation Act - Article 137 - The court upheld the trial court's decision dismissing the application ... that the delay of over ten years in filing without sufficient explanation rendered the application inadmissible under the Limitation ... Learned Counsel for the petitioner contended that the court below committed an illegality by rejecting the application for setting aside ex-parte order on the....
2021 0 Supreme(Guj) 512 • India - Gujarat
A.P.THAKER
Constitution of India,1950 - Articles 14, 226 and 227 - Industrial Disputes Act, 1947 - Section 33(2)(b) - Approval Application ... Application with an application for condonation of delay on 03.09.2009 which came to be allowed vide order dated 03.09.2010. ... While referring to the materials placed on record in the Approval Application, the Tribunal has observed that the original reference being Reference (I.T.) No.137 of 2001 was pending. ... He ha....
2013 0 Supreme(Bom) 581 • India - Bombay
S.S.SHINDE
Final Decision: The court quashed the impugned orders and restored Regular Darkhast No. 55 of 2004 to its original file, allowing ... Finding of the Court: The court analyzed the application of Article 136 of the Limitation Act and the doctrine of merger ... determination of the starting point for the limitation period for filing the Execution Petition, considering the merger of decrees and the application ... It is not in dispute that, original respondent Kamlabai Goud filed Regular Civil Appeal No. 181/1988 in the D....
2014 0 Supreme(All) 540 • India - Allahabad
RAM SURAT RAM (MAURYA)
It also considered the condonability of delay in filing appeals due to allegations of fraud. ... It also held that the delay in filing appeals by some parties was condonable due to allegations of fraud. ... Issues: The issues involved the validity of the compromises, jurisdiction of the Consolidation Officer, and condonability of delay ... In the meantime Matabi (respondent-5) also filed an appeal (registered as Appeal No. 136/934/1322/67) along with delay condonation application on 13....
2023 0 Supreme(Del) 3150 • India - Delhi
MANMEET PRITAM SINGH ARORA
Fact of the Case: The petitioner, the original defendant in a civil suit, failed to file a written statement due to ... Delay in filing written statement - Civil Suit - Limitation Act, 1963 - CPC - [DELAY IN FILING WRITTEN STATEMENT] - [CIVIL SUIT ... The petitioner filed applications for recalling the order and taking on record the written statement, which were dismissed by the ... Application under Order VIII Rule 1 read with Section 5 of Limitation Act, 1963, for condonation of #H....
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