Power of court to condone the delay
rahul
(Querist) 04 June 2015
This query is : Resolved
Hi Members,
There is no provision in the limitation act to condone the delay in filling of suit.
But if Plaintiff is prevented by uncontrollable circumstances from filling suit in time, then can Didstrict Civil court condoned the delay in filling of suit on application u/s 151 of CPC ?
R.K Nanda
(Expert) 04 June 2015
no, court cannot condone delay.
Kiran Kumar
(Expert) 04 June 2015
151CPC is not meant for this purpose
Articles appended to Limitation Act sufficiently provide the limitation periods for filing various kinds of suits & petitions.
rahul
(Querist) 04 June 2015
Thank you R.K Nanda sir, Kiran Kumar sir for your reply but if person is indigent person & he is taking service of legal aid of State & State legal aid authority has not provided legal aid in time & as a result delay has been caused.
In this case legal aid authority has caused delay & person was depended on state legal aid authority for filling suit.
This is not academic query.
Advocate Bhartesh goyal
(Expert) 04 June 2015
No,No any court has power to condone the delay in filing suit.court can condone the delay for filing appeal or application [not execution petition ] if sufficient cause has been shown.
rahul
(Querist) 04 June 2015
Thank you Bhartesh goyal sir for your reply.
the suit is in time as per limitation act but as per special law suit is time barred ?
R.K Nanda
(Expert) 05 June 2015
then file suit in court.
SAINATH DEVALLA
(Expert) 05 June 2015
aptly replied by all the experts.
Mr.Rahul can U mention briefly about the suit intended to be filed.
