Application for Condonation of Delay in Filing the Application for Revision
In court proceedings, the code prescribes a limitation period within which any kind of appeal, revision, or any other petitions must be filed. These are governed by the Limitation Act, 1963. However, in some situations of life circumstances such as lack of knowledge or serving court documents, illness can cause a person to miss these deadlines. So in these kinds of situations, this law offers a remedy under Section 5 of the Indian Limitation Act, 1963, where it allows the applicant to request the court to excuse the delay, which is legally expressed as “condone the delay,” by explaining the reason to seek permission to file the case later.
It applies to appeals, revisions, or applications but not to suits. The court condones delay only if sufficient cause is shown to the court. The burden will be on the applicant to prove the delay was not negligent or wilful. It must be filed along with the main delayed petition.
If this application is not filed in time, it may result in dismissal of the appeal or revision as time-barred, even if the case has merits.
Sample Draft
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
Criminal Miscellaneous Application No. _____ of 2025
(Under Section 5 of the Indian Limitation Act, 1963)
In
Criminal Revision Petition No. _____ of 2025
District: ____________
Between:
A.B., S/o ___________,
Age: ___ years, Occ: ___________,
R/o _____________,
Hyderabad, Telangana. …Applicant/Accused
Versus
The State of Telangana,
Represented by Public Prosecutor,
High Court for the State of Telangana,
Hyderabad. …Respondent/Complainant
TO
THE HON’BLE THE CHIEF JUSTICE AND HIS COMPANION JUSTICES OF THE HON’BLE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
THE HUMBLE PETITION OF THE APPLICANT ABOVE NAMED
MOST RESPECTFULLY SHOWETH:
1. That the applicant has filed the accompanying Criminal Revision Petition challenging the judgment/order dated __/__/202_ passed by the learned _______ Court at ___________ in Criminal Appeal/Case No. _______ of 20__, whereby the appeal was dismissed/conviction was upheld/orders prejudicial to the applicant were passed.
2. That there has been a delay of ___ days in preferring the said Criminal Revision Petition before this Hon’ble Court.
3. That the delay occurred due to reasons stated in the accompanying affidavit, including _____________ (e.g., lack of legal awareness, medical condition, financial difficulty, delay in obtaining certified copies, etc.).
4. That the delay is neither willful nor deliberate but solely due to circumstances beyond the control of the applicant. The applicant has always been vigilant and has a strong case on merits.
5. That unless the delay is condoned, the applicant would be deprived of a fair opportunity to seek redressal, causing irreparable harm and miscarriage of justice.
6. That this application is made bona fide and in the interest of justice.
PRAYER
In view of the facts and circumstances stated above, it is most respectfully prayed that this Hon’ble Court may graciously be pleased to:
(a) Condone the delay of ___ days in filing the Criminal Revision Petition under Section 5 of the Indian Limitation Act, 1963; and
(b) Pass such other and further order(s) as may be deemed just and proper in the interest of justice.
AND FOR THIS ACT OF KINDNESS, THE APPLICANT SHALL EVER PRAY.
Hyderabad
Date: __/__/2025
Filed by:
(Signature)
Counsel for Applicant
Advocate, High Court
Format: Affidavit in Support of Application for Condonation of Delay
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
AFFIDAVIT
I, A.B., S/o ________, aged about ___ years, residing at ________________, Hyderabad, do hereby solemnly affirm and state as follows:
1. I am the petitioner in the accompanying Criminal Miscellaneous Application seeking condonation of delay in filing the Criminal Revision Petition, and I am well acquainted with the facts and circumstances of the case.
2. That the judgment/order dated __/__/202_ was passed by the Hon’ble _______ Court in Criminal Appeal/Case No. ___ of 20__.
3. That due to the following reasons, there occurred a delay of ___ days in filing the said Criminal Revision Petition before this Hon’ble Court:
– (a) _________________________________
– (b) _________________________________
– (c) Delay in obtaining certified copy/legal consultation/illness, etc.
4. That the delay is neither intentional nor deliberate but due to the above unavoidable circumstances.
5. That I have a good case on merits, and I shall suffer irreparable loss and injustice if the delay is not condoned.
6. That I respectfully state that this Hon’ble Court may be pleased to condone the delay in filing the said Criminal Revision Petition in the interest of justice.
7. That the present affidavit is made in support of the application under Section 5 of the Limitation Act, 1963.
Place: Hyderabad
Date: __/__/2025
DEPONENT
(Signature of A.B.)
VERIFICATION
I, A.B., the deponent above named, do hereby verify that the contents of the above affidavit are true and correct to the best of my knowledge and belief. No part of it is false and nothing material has been concealed.
Verified at Hyderabad on this __ day of ________, 2025.
DEPONENT
(Signature)
Solemnly affirmed and signed before me on this __ day of ________, 2025 at Hyderabad.
(Advocate/Notary/Commissioner for Oaths)
