Appeals
Could not appeal due to cancer. Can I do it now?
I am a cancer patient and undergoing treatment since last 1 year out of which I've been bedridden for 9 months due to treatment. During the hearing of my case in Faridabad, the judge rejected my case and said no FIR is required as no cheating is seen. The file speaks that it is a fit prima facie case against the builder who sold me the roof of the 2nd floor of the house with my ground floor property and my 1st floor property. Later ,he sold the roof of 2nd floor to the 2nd floor owner just by writing on his company letter head , while on my ground floor builder agreement exclusive right of roof of 2nd floor is mentioned. I have a very strong case in my favor, its because of my illness I could not fight back. Now I am recovering so can I proceed with my case?
By  Sameer Kedia  |  11 Mar 2016  |  Upvotes: 0  | 

3 Answer(s)

Harshit Bhurani
Advocate

You can file a revision before the sessions court showing cause for not filing the same within the period of limitation.

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Prateek Kumar
Advocate

Depending on the stage at which your case came to be rejected - you can file an appeal/revisions accompanied with an application u/s 5 of the Limitation Act, 1963 for condonation of delay. You have to show a ''sufficient cause' in order to get the delay condoned, and your cause is more than sufficient and since there is no negligence/lack of good faith on your part - expect the court to interpret 'sufficient cause' liberally and grant you the exception.

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Ravindra Purohit
Advocate
In case an appeal could not be filed within limitation, the appellate court can condone the delay if it is satisfied that the appellant was prevented by some sufficient cause from filing the appeal. So, you can file the appeal in the appellate court along with an application for delay con-donation stating reasons with proof of it.
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