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A party who prays for condonation of delay under Sec. 5 has to establish that:
He was vigilant.
No negligence on his part.
No lack of bona fides on his part.
All of the above.
- He was vigilant. This means the party must show they were watchful and attentive regarding their legal obligations and deadlines.
- No negligence on his part. The party should prove that they were not careless in pursuing their case and did not ignore any responsibilities.
- No lack of bona fides on his part. This indicates the party acted in good faith and had honest intentions throughout the process.
- All of the above. Condonation of delay requires establishing all these points to justify why the delay should be excused.
Your answer is all-encompassing because the party needs to prove vigilance, absence of negligence, and good faith.
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