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The bar set by the Parliament for exercise of discretion by the Presiding Officer to condone delay in filing the written statement/ counter- claim/ set-off is higher than mere existence of "sufficient cause".
Nov 19, 2019 · Thus, Under Order VIII Rule 10, the Court has the power to condone the delay in filing of a written statement, if it deems it fit in the facts and circumstances of the case. If it is so, there is no reason as to why the delay in filing a counter-claim cannot be condoned by the Court as well.
to condone a 28 day delay in filing the review petition before the DRT, the period of limitation under Rule 5A of the Debt Recovery Tribunal (Procedure) Rules, 1993 (hereinafter referred to as “the Rules”) being 30 days. This review petition was dismissed by the DRT on 21.04.2018, in which this Court’s judgment reported in
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A counter claim being in the nature of a cross suit as provided in Order 6A (2) of the Code, Article 113 of the Limitation Act would apply to a counter claim. 21. Time to file the written statement is condonable. However, delay in filing a counter claim cannot be condoned when the claim is barred by limitation.
Apr 9, 2024 · While refusing to condone the delay of 5659 days in preferring an appeal, the Supreme Court on Monday (April 08) laid down eight principles by providing harmonious construction to Sections 3...
- Yash Mittal
Apr 25, 2022 · The Hon'ble Supreme Court in the majority judgment of N.V. Ramana and Ajay Rastogi JJ had ruled that the civil court may permit the filing of a counter-claim after filing of the written statement until the framing of the issues in the civil suit.
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Oct 15, 2020 · IA No.62372/2020-CONDONATION OF DELAY IN FILING 1. The Special Leave Petition has been filed with a delay of 663 days! The explanation given in the application for condonation of delay is set out in paragraphs 3 and 4. 2. We are constrained to pen down a detailed order as it appears that all our counseling to Government and
