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