Condonation of Delay -- Partition Suit -- Unawareness of Pendency of Suit -- Delay condoned and suit restored
(i) Limitation Act, 1963, S.5 -- Condonation of Delay -- Nature of Lis and Conduct of Parties -- While considering an application for condonation of delay, the court is required to take into account the nature of the dispute involved as well as the conduct of the parties throughout the proceedings. (ii) Limitation Act, 1963, S.5 r/w Civil Procedure Code, 1908, O.22 Rr.3 and 9 -- Condonation of Delay -- Abatement of Suit -- Partition Suit -- Unawareness of Pendency -- Where delay in filing an application was occasioned due to the petitioners being unaware of the pendency of the suit, such explanation is plausible and ought to be accepted -- In a suit for partition, it is in the interest of all parties that the dispute is adjudicated on merits rather than dismissed on technical grounds.
LOGIN TO READCaseLawToday.com is powered by M/s Law Herald Infotech
