Limitation Act, 1963 - Condonation of Delay (Section 5)

Delay Condoned

Section 5 of the Limitation Act deals with delay condoned. Sometimes even if you are late in filing suit, Court will allow to proceed further.

What does condone mean ? What are the exception to Section 5 ? Can delay be condoned in Suits ?

The section uses the word "Sufficient Cause". However the word is defined nowhere in the act. In various rulings Court have given the meaning or at least specified certain things which can be use as "sufficient cause" to satisfy the Court for condone the delay. Some examples were cited by Court in Warlu Vs Gangotribai (AIR 1994, SC 466)

There is one phrase "every day delay must be explained" which is used frequently in this aspect. What does it mean ?

Important observation of Supreme Court in the Case of Collector, Land Acquisition, Anantnag Vs Mrs Katij AIR 1987 SC 1353 regarding Condonation of delay

That's a bit about Section 5 of Limitation Act which deals with extension  of prescribed period in certain cases.

In next article we will have a look at Legal Disability under Limitation Act.

Legalfundaa

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