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Condonation of Delay due to ill health of the lawyer
07-Dec-2023 (In Civil Law)
I got one unfavourable order from family court on 27.07.17 and on that day itself we filed C.A. and on 10.08.17 some technical/official objections were raised in that C.A. but due to his ill-health my advocate clerk come to know it only after the time to comply those objections was ended thereby that C.A. become unsuccessful and so we filed another C.A. on 30.08.17 and copies were ready by 08.09.17 & dispensed to us on 13.09.17. As the time limit to appeal is 90 days (25.10.17) can we file appeal on or before 12.12.17 duly stating the above stated factual circumstances from 27.07.17 to 13.09.17 for condoning the delay or, do I have to make out a explanation story for the delay caused up to the day of filing (12.12.17) .
Dear,
File the appeal along with the condone delay petition in the court explaining properly and convincingly the reasons ( your reasons seem to be good) for the delay caused. The court if convinced, may condone the delay and admit the appeal.
File the appeal along with the condone delay petition in the court explaining properly and convincingly the reasons ( your reasons seem to be good) for the delay caused. The court if convinced, may condone the delay and admit the appeal.
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Adv. B. Srikiran
Hyderabad | 500+ Answers
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As per limitation Act, the day on which the order pounced and time from the date of apply for cerfified copy to till to copy ready by court excluded for computation of period of limitation. In your case 27.7.17 and the period 30.08.17 to 08.09.17 is excluded as such you can not file appeal with out an application for condonation delay petition under 5 of limitation Act. As per section 5 the have full power to condone any length of delay if appellant and applicant shown sufficient cause to the court . The reason shown by you may be or may not sufficient cause in court view and it is completely discrimination of the court. In your case there is no long delay so generally court will allow your condonation of delay application.
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