Condonation of Delay Application

Condonation of Delay Application

Condonation of Delay Application

Condonation of Delay Application format has been provided in this article with pdf. Condonation of delay under the limitation act. 2019 landmark supreme court judgment on condonation of delay is the basis of this application. Here is the application of condonation of delay.

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Condonation of Delay Application

IN THE COURT OF THE HON'BLE DISTRICT JUDGE AT__________________.

CIVIL M.A. No._____ OF 20___.

Mr. A

Age: ____ years, Occ. _____,

R/o: ________

............. APPLICANT

VERSUS

Mr. B

Age: ____ years, Occ. _____,

R/o: ________

............. RESPONDENT

CLAIM: - Suit for perpetual injunction

In the above matter the applicant/appellant most humbly submit under as;

MAY IT PLEASE YOUR HONOUR

1. That the applicant/appellants have filed an appeal against the decree passed by the Civil Judge Junior Division at_____________, in R.C.S. No. 3XX/2013 dated 10/04/2019 which is pending before this Hon'ble Court. There is a delay of 2 months and 25 days in the filing appeal due to the following reasons.

2. That the decree under R.C.S. No. 2XX/2013 was passed on 10/04/2019. The appellant was not aware of the decree as he was suffering from Paralysis since 10/02/2017 and was unable to walk and stand. He was and is taking treatment in the ________ Hospital at ______. The certificate of doctor is annexed with this application. The applicant/appellant was not present when the judgment was passed.

3. That the brother of applicant ______________ visited the applicant in the month of June 2020 and executed power of attorney of the applicant and approached the advocate on 03/04/2020 and inquired about the progress of the suit to his advocate, who informed him about the decision of suit and handed over the file with copies of judgment and decree taken by him. At that time applicant and his power of attorney, the holder got knowledge of the decree on 10/04/2019. He immediately approached the applicant and took the amount and advise him to file an appeal approached the advocate at District Court, _______. The delay in filing an appeal is not intentional but quite accidental and due to the above reason, hence it is worthy to be condoned delay for filing an appeal.

4. That the matter pertains to immovable property and rights involved therein, hence if the delay is not condoned then appellants will have to lose their rights forever causing irreparable loss which will not be compensated with. An affidavit of the applicant is annexed herewith.

HENCE PRAYED

That the application may kindly be allowed and delay of 2 months and 25 days in filling the appeal be condoned and appeal be registered accordingly.

Date: ___/___/______.

Place: ___________.

Applicant

VERIFICATION

I, Mr A, age:____ years, occ. _______, r/o ________, do hereby state on oath that the contents of the above application are true and correct to the best of my knowledge and belief and the same are explained to me in my mother tongue language ________.

Hence, verified today at ________.

Date: ___/___/______.

Place: ___________.

Applicant

Through,

Adv.________.

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