...counsel for the petitioners as to why these matters are pending from 1992 and 1996, he submitted that, there was a delay in impleading the legal representatives of the deceased parties. Now that, all the...injunction. Some of the defendants have filed O.S.No.73 of 1992 for the relief of declaration of title and for injunction in respect of one property in O.S.No.126 of 1996. This Court enquired the learned...

...omission and the consequent delay in impleading the proper party. In the present case no satisfactory explanation is forthcoming why the Income-tax Commissioner known to everybody to be the really...mentioned for the delay and for the extension prayed for is that a mistake was committed in mentioning the Income-tax Appellate Tribunal as the sole respondent instead of the Income-tax Commissioner. The...order of the Income-tax Appellate Tribunal was in this case made on the 7th of August, 1958. The petition in this court was filed on the 6th of February, 1959, but to that petition only the Income-tax...

...there is delay in impleading the District Judge and the Registrar of the High Court it can be condoned under the proviso of sub-section (1) of Section 21 of the Limitation Act. The plaintiff had bona fide...not impleaded the District Judge and the Registrar but by mistake had impleaded the State of Madhya Pradesh when he filed the suit in 1971. We condone the delay as being bona fide...Order1. Leave granted.2. The appellant was a Clerk working in the Office of the District Judge at Bilaspur who was...

...delay in impleading the appellant as late as in 2004 when he had already earned a promotion on 1-3-1996 and a second promotion as Traffic Manager on 5-5-2000. It was also highlighted that because of....7. In reply, Mr Vikas Singh, Senior Advocate for the first respondent has pointed out that issue of delay in impleading the appellant as a respondent in the writ petition was..., Mr Patwalia has rightly submitted that delay in impleading the appellant could not weigh with this Court when a case of fraudulent entry into service has been found by the learned Single Judge as...

...applications of which it is necessary to take note of a few only. Application No. 174/1967 was filed for condoning the delay in seeking to implead V.K Reddi in Application No. 175/1967. Application No. 175/1967 was for the ..., the first respondent but also to the payee, V.K Reddi.5. The second point urged was that the learned Chief Justice's view in regard to the power of condonation of delay in impleading V....alternative, to implead him as a respondent. They also filed Application No. 186/1967 for condoning the delay in seeking to implead V.K Reddi in Application No. 187/1967. The second respondent filed a number of...

...application for condonation of delay along with the petition for addition of party and if such an application would have been filed, the original authority could have condoned the delay in impleading petitioners...condonation of delay in impleading petitioners 2 and 3 as party in the original proceeding. It will be also open to the petitioners to file rejoinder to the petition for addition of party already filed and...to the parties that sufficient grounds have been made out for condonation of delay in impleading petitioners 2 and 3 as opposite party in the original proceeding, then only it shall proceed to dispose...

...the petition filed to condone the delay of 86 days in impleading the Legal Representatives of the deceased first respondent in the suit, is erroneous and liable to be set aside. The learned judge ought to have allo...- technical view in a petition to condone delay in impleading the legal representatives of deceased defendant. The learned judge ought not to have a hyper-technical view that I.A.No.424 of 2016 seeking...as per the directions of the Hon'ble Supreme Court while considering the delay in impleading the legal representatives. Hence, the learned counsel for the petitioner prays to allow this petition...

...petitioners to implead the legal heirs and to condone the delay in impleading the legal heirs of the deceased 8th respondent/8 defendant.2. The petitioners herein are the plaintiffs in...defendant as respondents 9 to 13 and to condone the delay in filing the impleading petition.3. The respondents filed objection contending that there is no sufficient reason to condone the...consideration is, whether the court below is justified in dismissing the application to condone the delay in filing the impleading application. It is the case of the petitioner that they failed to...

...in prosecuting her case. The punishment for that should not be given to the petitioner. In these circumstances the delay in impleading the respondent No. 3 was condoned. Regarding insurance company...insurance company. The delay in impleading the respondent No. 4 was, therefore, condoned.12. The contention of Mr. Sabharwal is that the court had observed that the claimant had been...was that the findings of the Tribunal on issue No. 1 framed on 7.9.1979 and issue No. 6 framed on 1.7.1980 were incorrect. The Tribunal committed a legal error by condoning the delay in filing the...

...the delay in impleading them.2. The judgment under appeal is dated 27-6-1974. The Second Appeal was filed on 11-6-1976. The respondent died in December 1975. The impleading petition is...petitioner has another hurdle to overcome, and that is to get the delay excused. The delay is sought to be excuted with the following averments in the affidavit. The person who has sworn to the affidavit...incompetent. This is the only explanation advanced. It is trite law that in an application to excuse delay there should be sufficient grounds made out explaining each day's delay (vide...

.... 6. I have given my anxious consideration to either side submissions. 7. The sum and substance of the contention of the respondent is that delay in ...deceased plaintiff filed an application to implead themselves as the plaintiffs. It appears that there was a delay of 889 days in filing such application. 2/5...proposed plaintiffs cannot be condoned. It is a settled principle of law that while impleading the legal representatives, the Court should not be more hyper technical. Even in the judgment of...

...petition to set aside the abatement and the petition to condone the delay in impleading the legal heirs of the deceased the plaintiff has stated that he was not aware of the death of the defendant...Section 151 CPC along with I.A No. 654 of 2014 to condone the delay in filing the IA. Though the trial court has dismissed both the applications, the petitioner/plaintiff has challenged the...common order dismissing both the IAs by filing FAO No. 267 of 2015 before this Court. Today, this Court allowed the appeal and restored the Original Suit on the files, after condoning the delay in filing...

...applicant to implead the zamindar and the tenants and it might be desirable in suitable cases, to condone the delay in impleading the necessary parties under section 5 of the Indian Limitation” Act...whether Thalwa left any heir or not. He further says that the applicant made an application for impleading Rameshwar as defendant but that application was rejected. In the circumstances, subject to...S.S.L Dar, J.M (May 3, 1952):— This is a reference made by the Additional Commissioner in a case under section 27 Act X 1947 recommending that the orders of the...

...it is necessary for the applicants to implead the zamindar and the tenants and it might be desirable in suitable cases to condone the delay in impleading the necessary parties under section 5 of the.... The objection is over-ruled.4. The applicants had some, justification for not impleading the remaining co-tenants especially as the law was not clear. It was held in Kishan Lal...S.S.L Dar, J.M (May 3, 1952):— This is a reference made by the Additional Commissioner in a case under section 27 Act X of 1947 recommending the cancellation of...

..., it is seen that the death of the complainant has not been reported immediately and no petition has been filed to condone the delay in impleading the legal representatives. Date of death of the...09.08.2020. The learned counsel further contended that the delay in filing the petition was not properly explained and the same was not discussed in the impugned Order. Hence, it is submitted that the... Crl.RC.No.931 of 2023 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 02.06.2023 CORAM...

...appearing for the petitioner strenuously contended that the earlier application for appointment of Commissioner was closed only for statistical purpose because there was a delay in impleading the...expressed that the report of the Commissioner would be useful in disposing of the suit. However, the Court below has rejected the same on the ground of delay by holding that it is only an exercise of...and decreetal order dated 11.04.2016 passed by the learned District Munsif, Jayamkondan in I.A No. 258 of 2015 in O.S No. 292 of 2005Pushpa Sathyanarayana, J.:— Heard the learned...

...Mull's case holding that this court had jurisdiction. In spite of that no application for condonation was made till June 12, 1967. We are satisfied that there exists no ground for condonation of delay in impleading...for condonation of delay in so impleading the Commissioner, the application suffers from a fatal defect. Apart from the decisions mentioned above, section 66 of the said Act also appears to recognise...application for the condonation of delay of nearly two years. The application under Section 66(2) was earlier heard in the month of May, 1967 when both the learned counsel for he parties conceded that this...

...as well; hence the order impleading the Appellant is liable to be quashed.9. Further, that the delay in impleading the Appellant was attributable to the Respondents...Appellant's application under Section 482, CrPC states that their branch office/manufacturing unit is located at Indore; hence they cannot be blamed for the delay in impleading the Appellant. In any.... Hence the denial of the said right would not prejudice the case against the Appellant.7. Thirdly, that the delay of 5 years in arraying the Appellant as co-accused would...

...Act is not impleaded, and the election petition is consequently dismissed, no question of impleading a party or excusing the delay in impleading a party would arise because in such a case there would be...circumvented by having recourse to the provisions of other enactments. Therefore in a case like this, the question of impleading a party or condoning the delay in impleading a party does not arise at...There is no sufficient cause for excusing the delay in impleading Balaiah. Therefore, in any view of the matter, these two applications must be dismissed.Applications Nos. 212 and 211 of...