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CONDONATION OF DELAY-output

limitation act

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mansi rawat
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9 views

CONDONATION OF DELAY-output

limitation act

Uploaded by

mansi rawat
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PDF, TXT or read online on Scribd
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CONDONATION OF DELAY

SECTION 5 OF LIMITATION ACT 1963


An exception to the limitation act general principle that is

Vigilantibus non dormentibus jura subvenitent: Law aids the vigilant


and not asleep. Law will not assist those who are careless of their right.
SECTION 5: Extension of prescribed period in certain cases which
states that:
 Any appeal or any application, other than an application under any
of the provisions of Order XXI of the CPC (5 of 1908), may be
admitted after the prescribed period if the appellant or the applicant
satisfies the court that he had sufficient cause for not preferring the
appeal or making the application within such period.
 Explanation to Section 5 states that the fact that when the appellant
or the applicant was missed by any order, practice or judgment of
the HC in ascertaining or computing the prescribed period may be
sufficient cause within the meaning of this section.

ESSENTIALS:
1. Applies on appeal and applications only {not on suit}
a. Appeals = civil and criminal both types of appeals
2. That appeal or application should be admitted after the
prescribed period
3. There should be sufficient cause for not preferring the appeal
or making the application within the prescribed period
4. Explanation: what can be sufficient cause?
a. The fact that appellant or applicant was misled by :
i. any order
ii. practice or
iii. judgement
of the HIGH COURT
b. in ascertaining or computing the prescribed period
EXCEPTIONS:
 Suit {sec 5 of limitation act}
 Order 21 CPC {i.e. EXECUTION}{sec 5 of limitation act}
 Divorce application {read sec. 29(3) of limitation act}
 Section 151 CPC [i.e. inherent power of the court]
 Sec.25 of Indian Contract Act {read sec. 29(1) of limitation act}
 Any Special or local law {read sec. 29(2)of limitation act}

Questions relating to sec 5


 Section 5 is not a matter of right but discretion of court.
Explain
o If the applicant or appellant shows the sufficient cause to
the court after that the court have the power to decide
whether to condone the delay or not. It is not mandatory
for the court to condone the delay.
 Condonation of delay is double discretion of the court. Why?
o there are two questions in the case of section 5 on which
the court has the discretion to decide those are:
1. the cause shown by the appellant or the application
is sufficient to case the delay
And
2. Whether to condone the delay or not.

CASE LAWS
 KRISHNA VS CHATTAPPAN 1890 (Privy Council)
Sufficient cause is described in this case as:
 Beyond the control of the party
 The party must not be negligent lacking in bonafide
 Raheem Shah & Anr. v. Govind Singh & Ors. (2023)
 The Supreme Court in the case of Raheem Shah & Anr. v.
Govind Singh & Ors. (2023), held that the legislature has
conferred the power to condone delay by enacting
Section 5 of the Limitation Act of 1963, in order to enable
the courts to do substantial justice to parties by
disposing of matters on merits. The expression sufficient
cause employed by the legislature is adequately elastic to
enable the courts to apply the law in a meaningful
manner which subserves the ends of justice-that being
the life-purpose for the existence of the institution of
courts.
Instances Where Condonation Can Be Granted:

 Illness of the party: It includes the nature and severity of disease


and facts encompassing the failure to act.

 Delay due to the pendency of the writ petition.

 Other grounds: Mistake of Court, Mistake of Counsel, Delay in


getting copies, mislead by rulings, etc.
 Imprisonment of the party: However, mere detainment is not
sufficient to cause. Varies on a case-to-case basis.

Instances Where Condonation Can NOT Be Granted:

 Party is a PURDAH woman.

 Poverty

 Ignorance of law

 Illiteracy

 Delay due to interdepartmental issues.


SECTION 5: EXTENSION OF PRESCRIBED PERIOD IN CERTAIN
CASES

ALSO KNOWN AS CONDONATION OF DELAY

NOT APPLIES ON
APPLIES ON

1. APPEALS 1.SUIT
2. APPLICATIONS 2.ORDER 21 CPC
3. READ SECTION 29
LIMITATION ACT (SAVINGS)

ESSENTIALS

1. APPEAL OR APPLICATION
2. ADMITTED AFTER THE PRESCRIBED PERIOD
3. SUFFICIENT CAUSE FOR NOT ADMITTING THE SAME WITHIN THE PRESCRIBED PERIOD

SUFFICIENT CAUSE

CAN BE CANNOT BE

1.ILLNESS 1.PARTY IS PURDAH WOMAN


2.MISTAKE OF COURT 2.POVERTY
3.MISTAKE OF COUNSEL 3. IGNORANCE OF LAW
4.DELAY IN GETTING COPIES 4. ILLITERACY
5.MISLEAD BY RULINGS 5. DELAY DUE TO
6.IMPRISONMENT OF THE PARTY INTERDEPARTMENTAL ISSUES

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