Whether oral prayer for condonation of delay is maintainable?

It is well settled that an oral prayer for condonation of
delay can also be entertained provided ground therefor is made out
in the petition and accordingly I do not find any merit in the
submission that in absence of any formal prayer, the oral prayer
for condonation of delay cannot be entertained. However, as
rightly pointed out on behalf of the Executor, the court has to be
satisfied that there is sufficient cause for condoning such delay
and the court has to be satisfied with the explanations offered in

the petition. In an application for restoration, the applicant is
required to furnish reasons which have to be sufficient to sustain
a plea that the applicant is entitled to restoration of the matter
and he needs to offer an explanation for the period of delay.

IN THE HIGH COURT AT CALCUTTA
Testamentary & Intestate Jurisdiction
GA NO. 3070 OF 2018
PLA NO. 123 OF 2013

IN THE GOODS OF:
KRISHNA CHANDRA SENGUPTA (DECEASED)

BEFORE:
The Hon'ble JUSTICE SOUMEN SEN
Date : 15th November 2018.
Citation: AIR 2019(NOC) 66 Cal

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Whether accused is entitled to get default bail U/S 167 of CRPC on oral application?

Whether the Appellant is entitled to default bail Under Section 167(2) of the Code though he has not made any application (oral or written) Under Section 167(2) of the Code before the Magistrate (or Special Judge), but has instead argued orally without pleadings in a pending regular bail application filed Under Section 439 of the Code before the High Court?

The second issue which arises is whether the Petitioner had applied for 'default bail' or not. Admittedly, there is no such plea in the bail application, but it is also not disputed that this was the main argument at the time of hearing and this issue was specifically dealt with in the impugned order. In my opinion, once the High Court permitted the counsel for the Petitioner to argue the petition on the ground of grant of 'default bail' and no objection was raised by the counsel for the State then at this stage it cannot be urged that the Petitioner never applied for 'default bail' and is not entitled to 'default bail'. If this objection had been raised at that stage, either by the Court or by the State, the Accused could have either filed a fresh application for grant of 'default bail' or could have prayed for 'default bail' by adding an additional ground in the existing application much before 24.01.2017 when the charge-sheet was filed.

IN THE SUPREME COURT OF INDIA

Special Leave to Appeal (Crl.) Nos. 2009 and 2176 of 2017

Decided On: 16.08.2017

 Rakesh Kumar Paul Vs. State of Assam

Hon'ble Judges/Coram:

Madan B. Lokur, Prafulla C. Pant and Deepak Gupta, JJ.

Citation:(2017) 15 SCC 67

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Whether oral application is maintainable for restoration of matter dismissed in default?

Having regard to the number of applications, which are filed, we reiterate the observations of this Court in Shamdasani's case and hold that where a matter is dismissed in default on account of slight negligence on the part of the party or Advocate in appearing before the Court, an oral application for restoration may be considered if made before the rising of the Court and it is not necessary for the party to file an application for restoration in writing.

IN THE HIGH COURT OF BOMBAY (NAGPUR BENCH)

Misc.C.A. No. 677 of 2009 in Writ Petition No. 2158 of 2009

Decided On: 06.07.2009

 Sanjay Dagadappa Kapse Vs  State of Maharashtra and Ors.

Hon'ble Judges/Coram:

S.A. Bobde and F.M. Reis, JJ.

Citation: 2010 (1) ALLMR 263

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