AI Overview...
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Conditions for Condoning Limitation - Under Order 22 Rule 3 CPC, the primary condition is that the applicant must file a delay condonation application, which is subject to the parameters laid down under Sections 3 and 5 of the Limitation Act, 1963. The court assesses whether the delay is justified and whether the delay should be condoned to prevent abatement of the suit. The application must demonstrate sufficient cause for the delay, and the court must balance the provisions of Sections 3 (limitation period) and 5 (condonation of delay) to decide on condoning the delay Kali Ram VS Mangat Ram - Punjab and Haryana, Y. Anthi Reddy vs Shaik Gulam Hussain and 14 others - Telangana, Y. Anthi Reddy vs Shaik Gulam Hussain died per L.Rs. Resps. 2 to 6 and 27 others - Telangana, Sri Y Pratap Reddy vs Shaik Gulam Hussain and 23 others - Telangana, Y. Anthi Reddy vs Shaik Gulam Hussain and Jahangeer Died for lrs and other - Telangana, Sri Y Pratap Reddy vs Shaik Gulam Hussaian and Jahangir died per LRs - Telangana, C.R.P.No.450 of 2021 vs C.R.P.No.450 of 2021 - Telangana.
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Main Points and Insights:
- The amendment to Order 22 Rule 3 CPC provides rights to legal representatives and aims to protect suits from abatement by allowing impleadment of legal heirs even after delays, provided condonation is granted Kali Ram VS Mangat Ram - Punjab and Haryana.
- The condonation of delay involves examining whether the applicant has shown sufficient cause, and the decision hinges on parameters set by Sections 3 and 5 of the Limitation Act. Section 3 deals with the limitation period, while Section 5 provides for condoning delays if sufficient cause is shown Y. Anthi Reddy vs Shaik Gulam Hussain and 14 others - Telangana, Y. Anthi Reddy vs Shaik Gulam Hussain died per L.Rs. Resps. 2 to 6 and 27 others - Telangana, Sri Y Pratap Reddy vs Shaik Gulam Hussain and 23 others - Telangana, Y. Anthi Reddy vs Shaik Gulam Hussain and Jahangeer Died for lrs and other - Telangana, Sri Y Pratap Reddy vs Shaik Gulam Hussaian and Jahangir died per LRs - Telangana, C.R.P.No.450 of 2021 vs C.R.P.No.450 of 2021 - Telangana.
- Courts must strike a balance between Sections 3 and 5, ensuring that condonation is not granted arbitrarily but based on the merits of each case, considering factors like the length of delay and reasons for the delay Y. Anthi Reddy vs Shaik Gulam Hussain and Jahangeer Died for lrs and other - Telangana, C.R.P.No.450 of 2021 vs C.R.P.No.450 of 2021 - Telangana.
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Specific case examples highlight delays ranging from a few days to several years, with courts emphasizing the importance of justifiable reasons for delay and the potential for condonation to prevent suit abatement Nadir Shah VS Shashi Rajan - Delhi, Maheswar Behera VS Radhashyam Behera - Orissa.
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Analysis and Conclusion:
- The conditions for condoning delay under Order 22 Rule 3 revolve around demonstrating sufficient cause for the delay in filing applications for impleadment or setting aside abatement orders. The courts evaluate these on a case-by-case basis, applying the principles of Sections 3 and 5 of the Limitation Act.
- The key is to balance statutory provisions with equitable considerations, ensuring that delays are not condoned lightly but only when justified, to uphold justice and prevent unnecessary abatement of suits Y. Anthi Reddy vs Shaik Gulam Hussain and Jahangeer Died for lrs and other - Telangana, C.R.P.No.450 of 2021 vs C.R.P.No.450 of 2021 - Telangana.
- Overall, the main condition is that the applicant must convincingly establish valid reasons for the delay, and the court must carefully scrutinize these reasons within the framework of the Limitation Act to decide on condonation Kali Ram VS Mangat Ram - Punjab and Haryana.
References: - Kali Ram VS Mangat Ram - Punjab and Haryana - Y. Anthi Reddy vs Shaik Gulam Hussain and 14 others - Telangana - Y. Anthi Reddy vs Shaik Gulam Hussain died per L.Rs. Resps. 2 to 6 and 27 others - Telangana - Sri Y Pratap Reddy vs Shaik Gulam Hussain and 23 others - Telangana - Y. Anthi Reddy vs Shaik Gulam Hussain and Jahangeer Died for lrs and other - Telangana - Sri Y Pratap Reddy vs Shaik Gulam Hussaian and Jahangir died per LRs - Telangana - C.R.P.No.450 of 2021 vs C.R.P.No.450 of 2021 - Telangana - Nadir Shah VS Shashi Rajan - Delhi - Maheswar Behera VS Radhashyam Behera - Orissa
Search Results for "What are the Conditions for Condoning Limitation under Order 22 Rule 3"
2000 0 Supreme(P&H) 1526 • India - Punjab and Haryana
R.L.ANAND
Order 22 Rule 3 CPC - Impleading of Legal Representatives - Rule 3(2) of Order 22 CPC - PLR Vol. ... amendment to Order 22 Rule 3 CPC provided additional rights to the LRs. ... the amendment to Order 22 Rule 3 CPC, which protected the suit from abatement. ... However, I find that now sub-rule#HL_END....
2025 Supreme(Online)(Tel) 12403 • India - IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
G.RADHA RAN, J
Limitation Act , 1963, condoning the delay in filing an application under Order XXII Rule 3 of CPC for setting aside the abatement order. ... Section 3 and Section 5 of the Limitation Act in the matters of condoning the delay. ... the delay; and (viii) Delay condonation application has to be decided on the parameters laid down for condoning the delay and condoning the delay for the reason that t....
2025 Supreme(Online)(Tel) 12407 • India - IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
G.RADHA RAN, J
Limitation Act , 1963, condoning the delay in filing an application under Order XXII Rule 3 of CPC for setting aside the abatement order. ... the delay; and (viii) Delay condonation application has to be decided on the parameters laid down for condoning the delay and condoning the delay for the reason that the conditions have been imposed, tantamounts to disregarding the statutory provision." ... and strike a balance between Section....
2025 Supreme(Online)(Tel) 12406 • India - IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
G.RADHA RAN, J
Limitation Act , 1963, condoning the delay in filing an application under Order XXII Rule 3 of CPC for setting aside the abatement order. ... the delay; and (viii) Delay condonation application has to be decided on the parameters laid down for condoning the delay and condoning the delay for the reason that the conditions have been imposed, tantamounts to disregarding the statutory provision." ... and strike a balance between Sectio....
2007 0 Supreme(Del) 1354 • India - Delhi
J.M.MALIK
Delay in Filing Application for Impleadment of Legal Heirs - Civil Procedure Code - Order 22 Rule 3, Section 5 of the Limitation ... Act - [Order 22 Rule 3, Section 5 of the Limitation Act] Fact of the Case: The case involved a delay of 739 days in ... filing an application under Order 22 Rule 3 CPC for impleadment of legal heirs of the plaint....
2025 Supreme(Online)(Tel) 12409 • India - IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
G.RADHA RAN, J
Limitation Act, 1963 , condoning the delay in filing an application under Order XXII Rule 3 of CPC for setting aside the abatement order. 4. ... the delay; and Section 5 of the Limitation Act that we have to examine and strike a balance between Section 3 and Section 5 of the Limitation Act in the matters of condoning the delay. Section 5 of the Limitation Act but not in applying Section #HL_ST....
2007 0 Supreme(Ori) 41 • India - Orissa
A.S.NAIDU
CIVIL PROCEDURE CODE, 1908 - Order 22, Rule 9 - Limitation Act - Sec. 5 - Suit - Deceased sole defendant - Abatement - Three years ... LIMITATION ACT, 1963 - Sec. 5 - While construing Sec. 5, two conditions are very relevant; (a) first, expiry of the period of limitation ... CIVIL PROCEDURE CODE, 1908 - Order 22, Rule 4 - Substitution - Suit - Deceased sole defendant - Substitution - Abatement of a suit ... On 19.8....
2025 Supreme(Online)(Tel) 12404 • India - IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
G.RADHA RAN, J
Limitation Act , 1963, condoning the delay in filing an application under Order XXII Rule 3 of CPC for setting aside the abatement order. ... Section 3 and Section 5 of the Limitation Act in the matters of condoning the delay. ... the delay; and (viii) Delay condonation application has to be decided on the parameters laid down for condoning the delay and condoning the delay for the reason that t....
1998 0 Supreme(AP) 260 • India - Andhra Pradesh
V.RAJAGOPALA REDDY
22, Rule 3, to bring them on record without seeking to condone delay - All questions including question ... CIVIL PROCEDURE CODE - -Or22, R 3 & Or 21, Rule 97, 98 & 101 r/w Sec47 - Decree holder of a suit for specific performance ... LRs respondents to be brought on record - Hence EA dismissed - Respondents subsequently filing EA under Order ... A. 119/93 under Section 5 of the Limitation Act, to condone the in....
2025 Supreme(Online)(Tel) 12408 • India - IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
G.RADHA RAN, J
Limitation Act, 1963 , condoning the delay in filing an application under Order XXII Rule 3 of CPC for setting aside the abatement order. Section 5 of the Limitation Act that we have to examine and strike a balance between Section 3 and Section 5 of the Limitation Act in the matters of condoning the delay. Section 5 of the Limitation Act but not in applying Section 3 of the #....
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