Draft an application for condonation of delay of a civil appeal. Assume necessary facts, if required.
CS Professional · Drafting, Pleadings and Appearances · PYQS · June 2024
Draft an application for condonation of delay of a civil appeal. Assume necessary facts, if required.
Answer & Explanation:
Application for Condonation of Delay of a Civil Appeal under Section 5 of the Limitation Act, 1963 In the High Court of [Insert High Court Name] (Civil Appellate Jurisdiction) In the matter of: Civil Appeal No. [Insert Appeal Number] of 2024 A.B. [Insert Appellant's Name] Appellant-Petitioner Versus C.D. [Insert Respondent's Name] Opposite-Respondent Valued at ₹ [Insert Valuation Amount] To The Hon'ble Mr. Justice [Insert Chief Justice Name] , Chief Justice and His Companion Justices of the said Hon'ble Court The humble petition of the petitioner above-named Most respectfully showeth: That the petitioner is aggrieved by the judgment and decree dated [Insert Date] passed by the learned District Judge of [Insert District] in Civil Suit No. [Insert Suit Number] of 20 [Insert Year] . That the petitioner has preferred the accompanying appeal against the said judgment and decree of the learned District Judge of [Insert District] . That the said appeal is delayed by [Insert Number] days due to the reasons stated hereunder. That the petitioner submits that there was sufficient cause for not filing the appeal within the prescribed period of limitation. The reasons for the delay are as follows: (a) [State the facts leading to the delay, e.g., "the petitioner met with a severe accident on [Insert Date] which required prolonged medical treatment and bed rest for a period of [Insert Number] months. Consequently, the petitioner was unable to attend to his legal affairs during this period."] (b) [Any additional reasons, e.g., "the petitioner's counsel was unavailable due to unavoidable personal commitments, and the petitioner had to engage another counsel which took additional time."] That the delay in filing the appeal is neither intentional nor deliberate but due to the circumstances beyond the control of the petitioner. That the petitioner has always been vigilant and diligent in pursuing his legal remedies and has a bona fide intention to prosecute the appeal diligently. That if the delay is not condoned, the petitioner will suffer irreparable loss and injury as he has a strong case on merits. That the petitioner submits that the opposite respondent will not suffer any prejudice if the delay is condoned. That the petitioner is willing to comply with any terms and conditions that this Hon'ble Court may deem fit to impose while condoning the delay. In the premises aforesaid, it is humbly prayed that Your Lordships would be pleased to issue a Rule on the Respondent to show cause why the delay in filing the appeal should not be condoned. And, on hearing the cause shown, if any, to make the Rule absolute and to pass such further or other orders as Your Lordships may deem fit and proper. And your petitioner, as in duty bound, shall ever pray. Place: [Insert Place] Date: [Insert Date] Advocate for the Petitioner/Applicant Verification I, A.B., the petitioner above-named, do hereby declare that the contents of the above application are true to my knowledge and belief, and nothing has been concealed therein. Place: [Insert Place] Date: [Insert Date] Signature of the Petitioner/Applicant Signed in the presence of: (1) [Witness 1 Name] (2) [Witness 2 Name]
Topics: Civil Procedure Code
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