Condonation of delay

Model format for general reference only. Not legal advice. Adapt to the facts and the court's current rules. Source: masterlegalwork.com

IN THE COURT OF [DESIGNATION OF THE PRESIDING OFFICER], [PLACE]

[CASE TYPE] No. ____ of 20__

MEMO OF PARTIES

Versus

Next date of hearing: [DATE]

APPLICATION UNDER SECTION 5 OF THE LIMITATION ACT, 1963 FOR CONDONATION OF DELAY OF [__] DAYS IN FILING THE ACCOMPANYING [APPEAL / REVISION / APPLICATION]

Respectfully showeth:

1. That the applicant is filing the accompanying [APPEAL / APPLICATION] against the [JUDGMENT / ORDER] dated [DATE] passed by [COURT].
2. That the period of limitation for filing it expired on [DATE], and there is a delay of [__] days.
3. That the delay occurred for the following reasons: [GIVE A DATE-WISE EXPLANATION — e.g. date of knowledge, date of applying for and receiving the certified copy, illness with medical record, other bona fide reasons].
4. That the delay is neither intentional nor deliberate, and the applicant was prevented by sufficient cause from filing within the period of limitation.
5. That the applicant has a good case on merits, as set out in the accompanying [APPEAL / APPLICATION], and will suffer irreparable loss if the delay is not condoned.
6. That the exact appeal or application sought to be admitted is [instrument and statutory provision], for which the Court has a legally available condonation power under [provision]. Any absolute outer limit or special exclusion of Section 5 has been examined.
7. That the relevant order/event is dated [ ]; limitation began on [ ]; the prescribed period is [ ]; lawful exclusions, including certified-copy time where applicable, are [dates and basis]; the last permissible date was [ ]; filing on [ ] entails [ ] days of delay.
8. That the delay chronology is: [from–to dates, impediment, steps taken and supporting document]. The explanation covers the material period through actual filing and identifies when the impediment ceased.
9. That after becoming able to act on [date], the applicant took [specific steps and dates]. Any gap thereafter and any allegation of negligence or suppression are answered with [record].
10. That the prejudice and requested terms are [particulars]. Merits of the accompanying proceeding are stated briefly as [issue], without treating an arguable case as a substitute for sufficient cause.

PRAYER

It is, therefore, respectfully prayed that the delay of [__] days in filing the accompanying [APPEAL / APPLICATION] may kindly be condoned, and it may be decided on merits, in the interest of justice.

Gagandeep Goel, Adv. (Enrl. No. P/1983/2007)
Gagandeep Goel & Associates | Master Legal Work
(M) 987 220 6969, (E) masterlegalwork@gmail.com
Advocate for the Applicant

IN THE COURT OF [DESIGNATION OF THE PRESIDING OFFICER], [PLACE]

[CASE TYPE] No. ____ of 20__

Versus

AFFIDAVIT

Affidavit of [NAME OF DEPONENT], [S/o / D/o / W/o] [NAME], aged about [__] years, resident of [FULL ADDRESS WITH PIN CODE], Aadhaar No. [IF LAWFULLY REQUIRED], Mobile No. [NUMBER].

I, the above-named deponent, do hereby solemnly affirm and declare as under:

1. That I am competent to swear this affidavit. The accompanying [suit / petition / application] was drafted by counsel on my instructions, read over and explained to me in [LANGUAGE], and is adopted as part of this affidavit. Its facts are true to my knowledge or identified records; legal submissions rest on advice believed true.
2. That [no same or similar proceeding on this cause has been filed / all prior and pending proceedings, outcomes and orders are disclosed here: ___]. Nothing material is concealed.

DEPONENT

VERIFICATION

Verified at [PLACE] on [DATE] that paragraphs 1 and 2 above are true and correct to my knowledge and identified records, with legal submissions based on advice believed true. Nothing material has been concealed.

DEPONENT

Gagandeep Goel, Adv. (Enrl. No. P/1983/2007)
Gagandeep Goel & Associates | Master Legal Work
(M) 987 220 6969, (E) masterlegalwork@gmail.com
Advocate for the Applicant