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Sir / Madam,
I am a new lawyer, having couple of independant cases in my hand. I am handling a case of Domestic Violence, in which i have to file an appeal in the " SESSIONS COURT" at MUMBAI against an interim order of maintenance. due to work pressure, and health issues i could not file the same in the given 30 days limitation period. i have never come across such situation before, therefore, i am just wondering in what manner application/affidavit of condonation of delay be draft. will it be in the form of affidavit? or will it be an application to be filed along with copy of appeal? what reasons should i mentioned? i am just confused. it is my mistake that i could not file appeal in given time, and i accept it. please help me.
If anyone of you is having dead copy of "Condonation of Delay" application / Affidavit kindly mail it to me on following e mail id ---------> firstname.lastname@example.org
Please help me out. i have just started my career.
Adv. Arundhati Patwardhan
by Om Prakash Dhusia on 29 April 2011
In law every right has its own period of limitation. This is a principle of equity. One has to claim certain right within a specific period. After that he is forbidden from claiming the same. But the law provides remedy for the delay also. The delay can be caused due to many unavoidable reasons or due to mistake. But for claiming the remedy for condonation of delay one has to file a petition in the Court.
Section 5 of the Limitation Act provides a remedy which says that a delay can be condoned on proving sufficient cause. The expression sufficient is very liberally construed by the Courts.
Below is a format of affidavit for the petition for condonation of delay.
Before the Honourable District Court at _______________(enter station)
AS No.(enter appeal suit number and year)
1. I am the appellant in the above appeal and the petitioner in the IA.
2. The above appeal is given against the judgement and decree of ______court in OS No._____(give case number) against the appellant stating to _______(briefly state the order). I know the facts of the case.
3. The appeal ought to have been filed on _______(date). But as I(appellant) was________(enter the sufficient reason) the appeal could not be filed within the said period. Hence a delay of _____days is caused in filing the appeal. The said delay is not due to my wilful default.
4. I have filed a separate petition along with this for condoning the delay of __days in filing the appeal which has to be allowed.
Hence it is prayed that this honourable court may be pleased to condone the delay of ___days in filing the appeal by allowing the IA filed herewith for the same, unless I will be put to irreparable injuries and loss.
All that is stated above are true and correct to the best of my belief.
Dated this the ______(date)
Ms. Arundhati I think this suffice your requirement
by P.K.Haridasan on 30 April 2011
Please go through Section 5 of Limitation Act and file a petition alongwith a affidavit.
by Gomathi Sankara Narayanan V on 11 May 2012
A common standard version is appendend for Kind perusal:: follow along with your adv of counsel::::
It is humbly submitted that this condonation for delay application is before this Hon’ble State Commission from a judgment dismissing for default the complaint No. 164/2001 of the complainants on 14.10.2011 and with an appeal for the restoration and recall of the above-mentioned complaint.
The complainant humbly submit their prayer with a request for condonation of delay for an extension of time to file this petition before this Hon’ble State Commission along with an amendment petition. On _______________the first counsel engaged withdrew from the complaint without any prior intimation to the
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