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Civil Litigation
Limitation and Condonation of Delay in Civil Appeals
- Satyendra Chandra Tripathi
- 14 July 2024
- 6 min read
Sufficient cause is a question of fact and conduct. An analysis of the standards applied by appellate courts to condonation applications.
Sufficient cause is fact and conduct
Condonation turns on the explanation for each day of delay and on the conduct of the appellant. A candid, document-supported explanation is treated far more indulgently than a general plea of illness or of counsel's lapse.
Practical drafting notes
Set out a chronology, annex the certified copy application, and address prejudice to the respondent. Where the delay is substantial, deal with it directly rather than minimising it.
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