Rule 3A of CPC : Rule 3A: Application for condonation of delay.

Explanation using Example

Example 1:

Scenario: Ramesh, a resident of Mumbai, received a court decree on January 1, 2023, which he believes is unjust. The period of limitation for filing an appeal is 30 days. However, due to a severe illness, Ramesh was hospitalized and could not file the appeal within the stipulated time. He finally recovered and filed the appeal on March 1, 2023.

Application for Condonation of Delay: Ramesh's lawyer submits the appeal along with an application for condonation of delay, supported by an affidavit. The affidavit details Ramesh's illness, hospitalization, and the medical certificates as evidence to show that he had a sufficient cause for not filing the appeal within the 30-day period.

Court's Decision: The court reviews the application and finds the reasons for the delay to be genuine. It issues a notice to the respondent (the other party in the case) and decides to hear the matter of condonation of delay before proceeding with the appeal.

Example 2:

Scenario: Priya, a businesswoman from Delhi, received a court decree on February 1, 2023. She intended to file an appeal but was delayed due to a major fire in her office, which destroyed important documents. She managed to gather the necessary documents and filed the appeal on April 15, 2023, well beyond the limitation period.

Application for Condonation of Delay: Priya's lawyer files the appeal along with an application for condonation of delay, supported by an affidavit. The affidavit explains the circumstances of the fire, the loss of documents, and the efforts made to retrieve and reconstruct the necessary paperwork, providing sufficient cause for the delay.

Court's Decision: The court examines the application and finds the reasons for the delay credible. It issues a notice to the respondent and decides to address the condonation of delay before considering the appeal itself.

Example 3:

Scenario: Anil, a farmer from a rural area in Uttar Pradesh, received a court decree on December 1, 2022. Due to a lack of legal knowledge and the remote location of his village, he was unaware of the appeal process and the limitation period. He learned about the appeal process from a legal aid camp in March 2023 and filed the appeal on March 20, 2023.

Application for Condonation of Delay: Anil's lawyer submits the appeal along with an application for condonation of delay, supported by an affidavit. The affidavit outlines Anil's lack of legal knowledge, the remote location of his village, and the information he received from the legal aid camp, demonstrating sufficient cause for the delay.

Court's Decision: The court reviews the application and finds the reasons for the delay reasonable. It issues a notice to the respondent and decides to hear the matter of condonation of delay before proceeding with the appeal.

Example 4:

Scenario: Sunita, a teacher from Bangalore, received a court decree on November 1, 2022. She intended to file an appeal but was delayed due to the sudden demise of her father, which required her to travel to her hometown and manage family affairs. She filed the appeal on January 15, 2023.

Application for Condonation of Delay: Sunita's lawyer files the appeal along with an application for condonation of delay, supported by an affidavit. The affidavit explains the circumstances of her father's death, her travel, and the family responsibilities that prevented her from filing the appeal within the limitation period.

Court's Decision: The court examines the application and finds the reasons for the delay to be genuine. It issues a notice to the respondent and decides to address the condonation of delay before considering the appeal itself.