rejected
outright for the reason that Order XLI Rule 3A, more
particularly, Rule 3A of Order XLI of 'the Code' refers about ... order under challenge even if the
proceedings before it is filed beyond the period of limitation as
provisions of Order XLI Rule 3A
also filed an application for condonation of
delay under Order XLI Rule 3A of the Code of Civil Procedure .
The learned Principal District Judge, Bokaro ... allowed the petition filed by
the appellants [respondents herein] under order XLI Rule 3A
read with Section 151 CPC for condonation of delay
considered under Rule 11 of Order XLI of the Code. In other
words, Sub-Rule (3) of Order XLI Rule 3A of the Code would ... after the delay is condoned in terms with Sub-Rule (2) of Order XLI Rule 3A of
the Code.
10. It is also pertinent
pending under execution. Apart from that, another separate
application under Order XLI Rule 3A (1) and (2), has also been filed
seeking condonation of delay ... prayed that the application under
Order XLI Rule 3A CPC seeking condonation of delay in filing
appeal, may kindly be pleased be allow and condoned
delay of 9 days,
which was mandatory as stipulated under Order XLI Rule 3A of the
Code of Civil Procedure , the Appellant(s) cannot ... matters
circumstances no interference is called for. As far as Order XLI
Rule 3A CPC was concerned, according to the learned Senior
Counsel the said
application under Section 5 of Limitation Act in contravention of Order XLI, Rule 3A of the Code of Civil Procedure . The respondent did not comply ... limitation. The learned counsel for the respondent, however, urged that Order XLI, Rule 3A is not mandatory. He cited the decision of Karnataka High Court
that in every case the dismissal of the
application under Order XLI Rule 3A read with Section 5 of the
Limitation Act would raise only ... appellant's application under Section 5 read with Order XLI
Rule 3A CPC . The manner in which the discretion is exercised
by the Court
wherein the court has held that sub-rule (1) of rule 3A of Order XLI
of the Code mandates that if a time-barred appeal ... compliance of the provisions of sub-rule (1) of rule 3A
of Order XLI of the Code.
On
the merits of the case, the learned
delay in filing the appeal by exercising
power under Order XLI, Rule 3A of the Code.
3. Respondent - Andhra Bank opposed the petition and
requested ... Court cannot exercise its discretionary
power to condone delay under Order XLI, Rule 3A of the Code.
10. The learned counsel for the petitioner mostly
parties and have perused the materials available on record.
10. Order XLI Rule 3A of the CPC governs the procedure where an appeal is
filed ... supra), shows that the coordinate Bench had considered Order XLI Rule 3A(3)
of the CPC and interpreted the same in the backdrop
