Application Under Section 5 Of The Limitation Act For Condonation Of Delay In Preferring An Appeal

Application under section 5 of the Limitation Act for condonation of delay in preferring an appeal 

In the High Court at Calcutta (Civil Appellate Jurisdiction) 

In the matter of No_______________.of 20...... 

A.B.

 Versus

 C.D.

 And In the matter of an application under s. 5 of the Limitation Act for condoning delay in filing the appealAnd 

In the matter of 

A.B. _________Appellant-Petitioner 

Versus C.D. _________________ .Opposite-Respondents E.F. Valued at Rs___________________ 

To The Hon’ble Mr____________________ Chief Justice and His companion Justices of the said Hon’ble Court The humble petition of the petitioner above-named Most respectfully showeth: 

1. _______________ (State the facts of the case and subject-matter leading upto filing of the appeal on __________________) 

2. _______________ 

3. The appeal is out of time by _______________ days. Your petitioner has filed a petition under Or. 43, r. 3A(1), C.P.C. along with memo of appeal. 

4. That your petitioner could not prefer the appeal because of_________ Your petitioner submits that there was sufficient cause namely,____________ for which the appeal could not be preferred in time. In the premises aforesaid it is humbly prayed that Your Lordships would be pleased to issue a Rule on the Respondent to show cause why the delay in filing the appeal should not be condoned. And, on hearing the cause shown, if any, to make the Rule absolute.