section 5 limitation act
hari sri chunduru
(Querist) 31 July 2012
This query is : Resolved
i have filed section 5 limitation to set aside the dismiss for default there if delay of 15oo days the reason explained that the petitioner could not contact the counsel for the reason that the petitioners mother expired in the mean time this petition was gain dismissed and a petition for setaaide was filed for delay of 133 days and the subesequently the petition for 133 days dealy was allowed after paper publication after the allowing the petition the court has dismissed the section 5 petition after 3 years of allowing the 133 delay petition what are supreme court judgements that 1500 days can be allowed
R.K Nanda
(Expert) 01 August 2012
Such a long delay can never be allowed by any court.
prabhakar singh
(Expert) 01 August 2012
It would not be very convincing view to hold that the condonation of delay under section 5 of Limitation Act stands on the footing of length of time of the delay.
All that is required under it is that"the applicant satisfies the court that s/he had sufficient cause for not preferring the appeal or making the application within such period. "
So the catch word is "sufficient cause"once you have it any number of days delayed can be condoned.
Judgement on point are so many and can be searched on indiakanoon.
