Application for con donation of delay is filed with the appeal
2) petitioner cannot approach sub court for appeal number of times
3) if appeal not filed for 18 months after con donation done appeal would be dismissed
Limitation Act
Plaintiff / Petitioner's Condone delay petition to file Appeal got rejected in sub court. In CRP High Court condoned the delay with cost. But for nearly 1.5 years now Petitioner side has not approached subcourt to file appeal or not sure about the status like petitioner side has not done any follow up due to any error or want of any documents. No details in ecourts website or in Court Register My Query is whether petitioner side has legal rights to approach sub court for appeal any times since HC has condoned the delay to file appeal. what is the time duration within which petitioner side has to process Appeal in subcourt
Asked 2 years ago in Civil Law
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9 Answers
In the order setting aside the dismissal of application for condoning delay, High Court specifies the time within which the petitioner has to approach the lower Court, usually it is four weeks. Petitioner cannot approach lower Court after such long delay. He has failed to avail benefit of order of High Court .
If the high court has condoned the delay in preferring an appeal, then the petitioner can very well approach the trial court immediately along with the order to proceed with the appeal he has already filed before the appellate court.
Why should he wait for one and half years even after getting a decision in his favor by the high court.
What is the conditional order by the high court in this regard.
If the high court specified any condition including the time limit within which he would be required to proceed with the appeal and if the time limit is barred then the appellate court may not entertain his appeal, in that he may have to appear before high court with another petition seeking to condone the delay in complying with the high court order for the strong reasons he may rely upon.
Respected Sir, Thanking you. My follow-up question is that In the CRP order while delay condone no condition or time limit specified. so its not an conditional order with any time limit specified. Order only says since delay already occurred the learned sub judge to dispose the appeal as expeditiously as possible. only the plaintiff or petitioner has not approached subcourt to proceed further or did not do any follow up in subcourt. kindly requesting to know whether sub court can accept the appeal with another petition to condone delay or oral request in enough in subcourt to number appeal or petitioner can not proceed this case further at all in sub court. will HC consider second condone delay petition. thanks
Asked 2 years ago
Fresh application for con donation of delay has to be filed along with appeal
2) delay in filing appeal has to be explained
3) oral request would not suffice
If you had approached the high court with a revision petition to set aside the sub court order dismissing the condone delay petition and the high court had passed an order condone by allowing the delay to be condoned and set aside the sub court's order dismissing the condone delay petition, you may approach the court with an appeal as originally proposed
You do not have to file a delay condone petition once again, but straightaway file the appeal.
In case of no specific time imposed by high court, you do not have to be worried about delay in approaching sub court with the appeal after the high court order in your favor.
Appeal is filed with application seeking condoning of delay. Application for condoning delay is rejected. Rejection is set aside by High Court. The appeal gets automatically restored subsequent to communication of order to High Court to lower Court. Such communication will be done by High Court in due course. Check in lower Court if appeal is dismissed or allowed.
If the HC has not specified any time limit within which the petitioner must file the appeal in the lower court, then the petitioner can approach the sub court for appeal at any time. However, it is advisable for the petitioner to file the appeal at the earliest to avoid any further delay.
Regarding the second part of your query, the petitioner can file a fresh petition to condone the delay in filing the appeal in the sub court, but the chances of success would depend on the facts and circumstances of the case. The HC may consider the second petition to condone the delay if the petitioner can provide valid reasons for the delay and show that there was no deliberate delay on their part.
Alternatively, the petitioner can approach the sub court with an oral request to number the appeal, but it is advisable to file a written petition to avoid any future disputes.
Oral request is not enough
yes he can
if it’s on change in circumstances then yea otherwise no
Dear Querist
After the high court order the appeal should be filed immediately after receipt of the order from the high court, if they failed to file the same then they have to file another application for condonation of delay before the appellate court under section 5 of limitation act. The order of the HC have no value now if they failed to file the appeal.
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