Section 5 of limitation act
Ajay Bansal
(Querist) 12 July 2013
This query is : Resolved
The state of Haryana filed an appeal in the court of District Judge, Hisar after a delay of 17 days alongwith an application u/s 5 of Limitation Act for condonation of said delay in filing said appeal. No reason/ground is mentioned for said condonation of delay in question. Please tell what is latest law of High-Courts and Supreme Court on this issue on said circumstances.
R.K Nanda
(Expert) 12 July 2013
it is settled law that each day delay has to
be explained to court otherwise said delay
application is bound to be dismissed by
court.
for citations visit indiankanoon.com
ajay sethi
(Expert) 12 July 2013
agree with Mr nanda . every condonation delay application has to mention reasons for delay in filing appeal and as to why delay should be condoned
Advocate Ravinder
(Expert) 12 July 2013
There is one SC judgement stating that if the reasons for delay is not satisfactory to the court, the petition may be dismissed by the court. search Indiankanoon.
Raj Kumar Makkad
(Expert) 12 July 2013
Law of limitation and the approach of the courts in such issues is very liberal but at least one ground is necessary for that purpose.
R.Manivasagan
(Expert) 12 July 2013
When filing an appeal with delay, they cannot file it under the provisions of Section 5 of Limitation Act and there is a specific provision in the code of Civil Procedure under Order 41 rule 3A "Application to condonation of delay". further there are numerous judgement are there and already held that the days of delay is not a criteria and the explanation should be just and reasonable to condone.
Indian Kanoon - http://indiankanoon.org/doc/1703239/
Indian Kanoon - http://indiankanoon.org/doc/949046/
Ajay Bansal
(Querist) 13 July 2013
Thanks to all above.
