Law of limitation
pawan kumar
(Querist) 04 May 2012
This query is : Resolved
can delay be condoned under law of limition for specific performance
SAINATH DEVALLA
(Expert) 04 May 2012
Law of limitation:-
The Code of Civil Procedure confers a right to appeal, but does not prescribe a period of limitation for filing an appeal. The Limitation Act, 1963, however, provides the period of filing up appeals. It states that the appeals against a decree or order can be filed in a High Court within ninety days and in any other court in thirty days from the date of the decree or order appealed against.
The Law of Limitation prescribes the time-limit for different suits within, which an aggrieved person can approach the court for redress or justice. The suit, if filed after the exploration of time-limit, is struck by the law of limitation. It's basically meant to protect the long and established user and to indirectly punish persons who go into a long slumber over their rights.
Condonation of delay Rule 3-A
Condonance may be made when an accuser has previously forgiven or condoned (in some way or at some level) the act about which they are complaining. In some legal jurisdictions, and for certain behaviours, it may prevent the accuser from prevailing.
Rule 3-A has been inserted by the Amendment Act of 1976. It provides that where an appeal has been presented after the expiry of the period of limitation specified therefor, it shall be accompanied by an application that the applicant has sufficient cause for not preferring the appeal within the time
Suhail A.Siddiqui
(Expert) 04 May 2012
delay may condon, but it must explain day today reason.
ajay sethi
(Expert) 04 May 2012
The Supreme Court in the case of Collector, Land Acquisition, Anantnag and Anr. v. Mst. Katiji and Ors. AIR 1987 SC 1353 held as under: The legislature has conferred the power to condone delay by enacting Section 5 of the Indian Limitation Act of 1963 in order to enable the Courts to do substantial justice to parties by disposing of matters on 'merits'. The expression "sufficient cause" employed by the legislature Page 0795 is adequately elastic to enable the Courts to apply the law in a meaningful manner which sub-serves the ends of Justice that being the life-purpose for the existence of the institution of Courts. It is common knowledge that this Court has been making a justifiably liberal approach in matters instituted in this Court. But the message does not appear to have percolated down to all other Courts in the hierarchy. And such a liberal approach is adopted on principle as it is realized that: Ordinarily a litigant does not stand to benefit by lodging an appeal late. Refusing to condone delay can result in a meritorious matter being thrown out at the very threshold and cause of justice being defeated. As against this when delay is condoned the highest that can happen is that a cause would be decided on merits after hearing the parties.
Nadeem Qureshi
(Expert) 04 May 2012
Dear Pawan
According to section 5 Of Limitation act 19635. Extension of prescribed period in certain cases. Any appeal or any application, other than an application under any of the provisions of Order XXI of the Code of Civil Procedure, 1908 (5 of 1908 ), may be admitted after the prescribed period if the appellant or
the applicant satisfies the court that he had sufficient cause for not preferring the appeal or making the application within such period. Explanation.- The fact that the appellant or the applicant was misled by any order, practice or judgment of the High Court in ascertaining or computing the prescribed period may be sufficient cause within the meaning of this section.
so if the reason for delay is sufficient the Delay can be condone.
feel free to call
R.K Nanda
(Expert) 05 May 2012
Yes, delay can be condoned but you will have to explain the delay on day to day basis.
ashutosh mishra
(Expert) 05 May 2012
No delay of even a single day can be condoned if caused in filing any suit,be it of specific performance or some thing else.
Provisions of section 5 of Limitation Act does not apply to SUITS,they apply to only APPLICATIONS AND APPEALS.
Shonee Kapoor
(Expert) 05 May 2012
:-) Yes it can be condoned.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
ashutosh mishra
(Expert) 05 May 2012
Will my seniors would like to take a little pain in reading text of section 5 being referred here:
"The Limitation Act, 1963
5.Extension of prescribed period in certain cases -
Any appeal or any application, other than an application under any of the provisions of Order XXI of the Code of Civil Procedure, 1908 (5 of 1908) may be admitted after the prescribed period, if the appellant or the applicant satisfies the court that he had sufficient cause for not preferring the appeal or making the application within such period.
Explanation - The fact that the appellant or the applicant was misled by any order, practice or judgment of the High Court in ascertaining or computing the prescribed period may be sufficient cause within the meaning of this section"
anil kumar
(Expert) 06 May 2012
In the context of the query, Sainath Devalla and Ashutosh Mishra have correctly observed that delay in filing suit of any nature be it of a suit for specific performance cannot be condoned and that Section 5 of the Limitation Act relates to condonation of delay in filing appeal or applications if sufficient cause exists in not preferring it within the prescribed period. The other experts, viz. Suhail A. Siddiqui, Ajay Sethi, Nadeem Querishi, R.K.Nanda and Shonee Kapoor appear to have dealt with Section 5, which is inapplicable to condonation of delay caused beyond the prescribed period of Limitation for suits.
ashutosh mishra
(Expert) 06 May 2012
Thank you Sir Anil!
For boosting my confidence.
M V Gupta
(Expert) 06 May 2012
I agree with the comments of Mr. Anil Kumar. Delay cannot be condoned for filing suits. Section 5 of Limitation Act does not come in to play for filing suits.
ashutosh mishra
(Expert) 06 May 2012
Thank you Gupta sir!
My confidence is boosted by your comments too.
dev kapoor
(Expert) 07 May 2012
Mr.Ashutosh has approached the qn in right perspective.
Much has been said & it appears nothing has been left on the issue to eke out on the subject.But,doesn'nt it mean that you can file a suit supported by an application under section 5 Limitation Act seeking to condone delay in the suit?
M V Gupta
(Expert) 09 May 2012
Apart from what is stated above, suit is permitted to be filed after expiry of the period of limitation if at that time the court is closed. In such case the suit may be filed on the date when the court reopens. (vide Section 4 of Lim Act). Another instance when the period of limitation to file a suit stands extended is if the person concerned is suffering from any legal disability such as minority, insanity or idiot, the suit can be filed after the disability ceases.(sec 6). However the above benefit will not apply if the at the time when the period of limitation commences the person does not suffer such disability. (Sec.9).
