Introduction
An Application for Condonation of Delay is filed before a court when a party fails to institute legal proceedings or take a required legal step within the prescribed limitation period. Through this application, the applicant seeks the court’s permission to excuse the delay by demonstrating that it occurred due to sufficient, bona fide, and unavoidable reasons.
Condonation of delay is not granted as a matter of right. The applicant must satisfactorily explain each day of delay and establish that the delay was neither intentional nor due to negligence. Courts exercise discretion cautiously, striking a balance between procedural discipline and the principles of justice and equity.
Legal Provision
An application for condonation of delay is governed by:
- Section 5 of the Limitation Act, 1908, which empowers the court to admit an appeal or application after the expiry of the prescribed period if sufficient cause for the delay is shown.
Application For Condonation Of Delay Format
The format of the application for condonation of delay is given below:
IN THE COURT OF ___________ JUDICIAL MAGISTRATE
AT KARACHI DISTRICT ___________
Criminal case No: _____ of 20_______
ABC —————————————————————————————- Applicant/Accused
V E R S U S
XYZ ————————————————————————————— Respondent
APPLICATION FOR CONDONATION OF DELAY
It is most respectfully prayed on behalf of the Accused above named that this Honourable Court may kindly be pleased to Condone the absence of the Accused for the reason is that _______________________________________________________________________________________________________ (such as illness, non-availabilty of record, bona fide mistake, or unavoidable the delay occured), that is why the Applicant/Accused could not apply within the prescribed period. Therefore in view of above circumstances kindly be pleased to condone the absence of Accused and fix the above matter on any date after _________ in the larger and prime interest of Justice.
Prayed Accordingly
KARACHI
DATED: ______________
ADVOCATE FOR ACCUSED
Disclaimer
The format and information provided above are for educational and reference purposes only. They are intended to offer general guidance on legal drafting and procedure and should not be treated as legal advice. Each case depends on its own specific facts, applicable law, and court practice; therefore, users are advised to modify the format according to their particular circumstances and seek professional legal advice as necessary.