Order XLI Rule 3-A CPC | Failure To File Appeal With Application For Condonation Of Delay Curable Defect, Can Be Filed Subsequently: J&K&L High Court

The Jammu and Kashmir and Ladakh High Court while answering a question as to what are the consequences if an appeal is not accompanied by an application as mentioned in Subrule of Rule 3A in Order 41 of CPC observed, "The Deficiency of not accompanying application for condonation of delay is curable defect and if required such an application can be filed subsequently and the appeal can be treated as presented in accordance with the requirem Rule 3A of Order XLI CPC". The petitioner further submitted that the appellate Court without first condoning delay entertained, diarised and admitted appeal and that such process and exercise undertaken by the Appellate Court is in contravention to provisions of Order XLI Rule 3A because same bars granting order of stay/ interim direction in a time-barred-appeal unless delay is condoned. Deliberating on the stated position of law the bench observed that an appeal, barred by time, cannot be entertained by a Court without condoning delay and Order XLI Rule 3-A CPC relates to application for condonation of delay. "From the above it is evident that deficiency of not accompanying application for condonation of delay is curable defect and if required such an application can be filed subsequently and the appeal can be treated as presented in accordance with the requirement contained in Rule 3-A of Order XLI CPC" the bench maintained.