Condonation of delay
Ranjan
(Querist) 11 May 2013
This query is : Resolved
Can a application of condonation of delay under section 5 read with section 17 of the limitation Act, 1963 be filed for institution of suit which is barred by limitation ( suit which is 22 years late)?
prabhakar singh
(Expert) 11 May 2013
Section 5 does not apply to suits.It applys only to appeals and applications.
section 17 applies to suit s if grounds are found as stated in the section.
Nothing more can be opined in absence of facts.
R.K Nanda
(Expert) 11 May 2013
File application u/s 17 only with suit.
Devajyoti Barman
(Expert) 11 May 2013
Section 5 applies to application and appeal only.
venkatesh Rao
(Expert) 11 May 2013
Once limitation starts running, no force on earth can stop it. Law of limitation is procedural and rules of procedure apply only to matters which they are made applicable expressly or by necessary implication. They can not be extended by analogy or reference to proceedings to which they do not apply.
It applies to suits only under limited circumstances mentioned in sec. 17., not to all suits in general. Sec 3 is a clear and express bar on stale suits.
