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Vijay Kumar   02 February 2021

about limitation act.

A has to file a suit with in limitation period. He wants to file a suit on the last day of limitation. On that day, It was heavy rain and could not reach the court. Can he file a suit afterwards showing that his absent due to heavy rain as sufficient cause.


Learning

 3 Replies

Pankaj kumar (Studying)     02 February 2021

can try but it is hoti the court and particular the judge whether he wants to accept it or not

Shashi Dhara   02 February 2021

No you cannot file suit ,it is barred by limitation.

minakshi bindhani   26 September 2021

As per your concerned query!

On the expiry of the limitation period, barred the aggrieved party to file the suit or application, however, section 5 of the Limitations Act, 1963 is an exception to this limitation period of filing the suit appeal or application.

Section 5 of the Act elaborates upon the Extension of the prescribed period in certain cases. In another word, section 5 is termed as condonation of delay. The Court with the discretionary jurisdiction disregards the delay 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. The court may condone the delay and proceed with the case.

The term sufficient cause has not been defined conclusively and differs from case to case. The Court has the discretionary power in determining what establishes as sufficient cause, depending upon the facts and circumstances of each case.

This principle has been advocated in furtherance of pursuance of justice but it should not deny someone of justice either.

Instances when the delay can be condoned:

Subsequent changes in the law

Illness of the party.

Imprisonment of the party.

Party is a government servant.

Party being a Pardanashin Lady.

Imprisonment of a party or the party is illiterate.

The party belongs to a minority group that has insufficient funds.

The delay is caused due to the pendency of the writ petition.

N. Balakrishnan v. M. Krishnamurthy case, the Court held that the expression "sufficient cause" and similar other statutes are elastic enough to enable the courts to apply the law in a meaningful manner that subserves the ends of justice. Although no hard-and-fast rule can be laid down in dealing with the applications for condonation of delay, this Court has justifiably advocated the adoption of a liberal approach in condoning the delay of short duration and a stricter approach where the delay is inordinate.

As per your query concerned, if the court is satisfied with the request that the heavy rainfall had severely affected the life and conveyance. It's up to the court's discretion power.

Hope it clarifies the issues!
Regards
Minakshi Bindhani

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