Section % & section 17(1)(b0 of the limitation act-1963
yogesh
(Querist) 18 April 2012
This query is : Resolved
If any litigant is filing Application for condonation of delay for 5 years with plea that hje was not awre of the rights and title of suit on which application is found is concealed by fraud.Which section of Limitation Act(5 or section 17(1)(b) IS APPROPRAITE FOR relief?
Here the fraud occurs when the cause of action had arisen and the litigant is complying the requirements of section 17 and whether court can award relief as merits of the case is towards his side?
In case if he files the Application under both sections 5 READ WITH SECTION 17(1) (B) THAT WILL MORE APPROPRAITE?
Raj Kumar Makkad
(Expert) 18 April 2012
Section 5 read with section 17 (1) (b) shall be most appropriate in the given facts.
yogesh
(Querist) 18 April 2012
Thank you sir for advice
prabhakar singh
(Expert) 18 April 2012
In my opinion section 17 (1) (b)of Indian Limitation Act would apply as section 5 applies to only application and appeals.
ajay sethi
(Expert) 18 April 2012
Although, no hard and fast rule can be laid down in dealing with the applications for condonation of delay, this Court has justifiably advocated adoption of a liberal approach in condoning the delay of short duration and a stricter approach where the delay is inordinate. [Para 8] [1184-c-e] Collector, Land Acquisition, Anantnag v. Mst. Katiji (1987) 2 SCC
ajay sethi
(Expert) 18 April 2012
.Sec 5 of Limitation Act applies only to applications and filing of appeals.
Shonee Kapoor
(Expert) 18 April 2012
Thanks experts.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Deepak Nair
(Expert) 19 April 2012
I too endorse the common views of the experts above.
Sankaranarayanan
(Expert) 19 April 2012
Agree the opinion given by. Learned friends
