sufficient cause under section 5 of limitation act

General provision as to the Bar of Limitation and Extension of the prescribed time (Sections 1 - 5 of Limitation Act, 1963) Limitation of Suits, Appeals and Applications. Section 5 provides that 11. provisions of Section 29 (2) of the Limitation Act. Section 5 of the Limitation Act, 1963 deals with the discretionary power of the Court to admit an appeal or an application, after the expiration of the limitation period with the restriction that it can be exercised by the court only if there exists a "sufficient cause" for the delay in filing such an appeal or application. Legal disability, exclusion of time etc, (Section 6 - 24 of Limitation Act, 1963) Computation of Period of . A mistaken advice given by a legal practitioner may, in the circumstances of a particular case, give rise to sufficient cause within the meaning of section 5, though there is certainly no general doctrine which saves from the result of wrong advice (Rajendra Bahadur vs. Rajeshwar Bali, A. I. R. 1937 P. C. 276). This is known as doctrine of "sufficient cause".Section 5 provides that any appeal or application (not plaint or suit . "..the sufficient cause must establish that because of some event or circumstance arising before limitation expired, it was not possible to file the appeal within time. 77 = PLD 1999 Qta. "5 Extension of prescribed period in certain cases-Any appeal or any . "Sufficient cause" under section 5 of Limitation Act Section 5 of the Limitation Act gives the Courts the discretion to entertain appeals filed after the prescribed period of limitation on case-by-case basis on the ground of sufficient cause. The expression "sufficient cause" in section 5 of the Limitation Act should receive a liberal construction so as to advance substantial justice. The words "sufficient cause" need to be given liberal construction. [June 2012 (5 Marks)] Section 5 of the Limitation Act, 1963 allows the extension of the prescribed period in certain . The Supreme Court held that 45 days is the period of limitation and a further period not exceeding 45 days is provided only if sufficient cause is made out for filing the appeal within the extended period. Share this: Twitter Facebook Print LinkedIn Reddit Tumblr Pinterest Pocket Telegram Even if sufficient cause is shown, the limitation period under the proviso to section will not allow an extension of the limitation period beyond 10.6.2010, which will fall within the Court holidays. Hence, in applying section 4, it would be . Section 5 of the Limitation Act stands excluded because of the. Doctrine of sufficient cause Section 5 allows the extension of prescribed period in certain cases on sufficient cause being shown for the delay. But a cause to be sufficient within the meaning of the section must be a cause beyond the control of the party invoking the aid of the section. was whether the High Court had power under Section 5 of the Limitation Act to condone the delay . Limitation Act, 1963 - Jurisprudence, Interpretation & General Laws Important Questions. Explain the 'doctrine of sufficient cause for condonation of delay as provided in section 5 of the Limitation Act, 1963. BK Education, recognized the discretion of adjudicating authority with regards to applicability of the aforesaid section on proceedings of the code. Section 5 of the Limitation Act provides that whenever any appeal or application is made before a court, such application or appeal may be admitted after the prescribed period if the appellant/applicant satisfies the court that he had sufficient cause for not preferring the appeal/application within the stipulated time period. As laid down in this case, Section 5 of the Limitation Act gives Court discretion, which has to be exercised in a way in which judicial power and discretion ought to be exercised upon well-understood principles. The Ground for sufficient cause is the facts and circumstances of each case. 6. The mandate of Section 5 of the Limitation Act 1963 is that if a Court is satisfied about the applicant having sufficient cause for not preferring the appeal or any other application, the delay may be condoned. 3 of 2020, an Applicant has to file an Application for condonation under Section 5 of the Limitation Act, 1963 and satisfy the Court/ Tribunal that sufficient cause has been made out for condonation of delay? The proof of sufficient cause is a condition precedent to the exercise of jurisdiction under section 5 of the Limitation Act. (ii) Whether for taking benefit of judgment of the Hon'ble Supreme Court passed in Suo Motu Writ Petition No. 2. Limitation Act is not applicable to an application filed under Section. The Court Condon the delay only when an applicant has sufficient cause for not preferring appeal and application. The Biological Diversity Act, 2002. It was observed by the Hon'ble Judicial Member, that appellant has shown sufficient cause for non filing of appeal beyond prescribed time limit, therefore it is imperative to condone the delay by taking the aid of Section 5 of Limitation Act. The mandate of Section 5 of the Limitation Act 1963 is that if a Court is satisfied about the applicant having sufficient cause for not preferring the appeal or any other application, the delay may be condoned. 3 of 2020, an Applicant has to file an Application for condonation under Section 5 of the Limitation Act, 1963 and satisfy the Court/ Tribunal that sufficient cause has been made out for condonation of delay? As stated in this case, Section 5 of the Limitation Act provides for the discretion of the Court, which must be implemented in such a way that judicial power and discretion should be exercised on well-understood ideals. Section 5 and Section 14 of the Limitation Act are not mutually exclusive, and principles of Section 14 may be used to construe "sufficient cause" under Section 5. While deciding the application under Section 5 Limitation Act, the "justice-oriented approach" is required to be adopted. The main purpose for which Section 5 of the Limitation Act, 1963 was enacted is to enable the Court to do substantial justice and that is the precise reason why very elastic expression sufficient cause is employed therein, so as to sub-serve the ends of justice Section 5 Expression sufficient cause employed therein is elastic enough to enable . The fact that Mr. Sarracini answer truthfully at a cross examination long after the limitation period had expired is not sufficient to waive or reinstate the limitation period. Therefore in view of the above discussion limitation for a suit cannot be extended by showing a sufficient cause as a matter of right. Sub-section (3) of section 16 states that the Judge shall decide the application made under sub-section (1) or (2) after holding an enquiry in the manner provided by or under the B.P.M.C. (2005) 1 SCC 787 The High Court's judgement refusing relief to the appellant was set aside. While filing a restoration application to set aside the order of "Dismiss for Default" under order 9 rule 9 of CPC, whether applicant has to file a delay condone application separately under section 5 of Limitation Act OR….It is sufficient to mention in restoration application about delay, sufficient cause and to condone the same. This means that delay for filing appeals under Section 13 of the Commercial Courts Act can be condoned by showing sufficient cause as per Section 5 of the Limitation Act. Condonation of delay under section 5 of the limitation act a. can be claimed as a matter of right b. is a matter of discretion of the court c. sufficient cause for the delay has to be shown d. both b & c limitation may be sufficient cause within the meaning of this section. 572, the Supreme Court has held that even if the plea of limitation is […] Section 5 of the Limitation Act reads as hereunder:-. Limitation — Question of limitation in a suit seeking declaration that the proceedings under section 92 of the S.A.T.Act was void — Since no notice was issued by the Revenue Officer under sub-section 3 of section 92 of the S,A.T.Act inviting any objection against the taking over of the holding as abandoned' holding, the period of . J&K Limitation Act, S. 3 - Condonation of delay - Sufficient cause - What amounts to - On the facts of the case, held that the cause shown was reasonable and satisfactory - Delay condoned. "5 Extension of prescribed period in certain cases-Any appeal or any . NCLAT holds that when the Hon'ble Supreme Court has granted extension of period of limitation, it cannot be said that appeal, suit or application which is filed during the relevant period is barred by time so as requiring an Application under Section 5 of the Limitation Act, 1963 for condonation of delay. allowed." (Emphasis supplied) 6. Section 5 of the Limitation Act reads as hereunder:-. In the case of Vedabai alias Vaijayantabai Babulao Patil vs. Shantaram Baburao Patil & Ors., it was held by the Hon'ble Apex Court that while exercising discretion under s. 5 of the Limitation Act, 1963, to condone delay for sufficient cause in not filing the appeal within the period prescribed, Courts should adopt a pragmatic approach. filing the appeal in time and hence, delay caused in filing. The words "sufficient cause" in Section 5 of the Limitation Act should receive a liberal construction so as to advance substantial justice, when the delay is not on account of any dilatory tactics, want of bona fides, deliberate inaction or negligence on the part of the appellant." (ii) Whether for taking benefit of judgment of the Hon'ble Supreme Court passed in Suo Motu Writ Petition No. Condonation of Delay under the Indian Limitation Act- Primary Focus on Section 5 Sufficient Cause General Principles Condonation of Delay is matter of Discretion of the Court Sufficient Cause for the Purpose of Non-Appearance of the Parties Conclusion Background of the Limitation Act, 1963 It is in records under paragraph 2 - 5 of the submission the Advocate for the Applicant reiterates the circumstances that took event and caused the failure to file the Reply in time as ordered by this Court. The statement of a problem under the Doctrine of Condonation of Delay is an exception to general rule that is Bar of Limitation under the Act, and it does not include 'Suit'. Bar of Limitation - Doctrine of Sufficient Cause for Condonation of Delay. 2. Home CIVIL Limitation Act, 1963 Limitation - Expression 'sufficient cause' in Section 5 must receive a liberal construction so as to advance substantial justice and generally delays in preferring appeals are required to be condoned in the interest of justice by admin August 29, 2021 Reading Time: 1 min read A A The Court thus observed that the meaning of "sufficient cause" under Section 5 of the Limitation Act, 1963 held that the Courts should adopt a liberal and justice-oriented approach and condoned the delay of four days in filing appeal, under Section 5 of the Limitation Act, 1963. Where there is a special provision in an act, section 5 of the Limitation Act obviously cannot apply. Section 5 of the act allows an appeal or application even after limitation period in cases where "sufficient cause" for such delay could be established. Section 5 provides that Section 5 of the Act and IBC proceedings. The Court is reminded of the provisions under section 14(1) of the Law of Limitation Act [Cap 89 R.E. The High Court vide impugned judgment and order dated 19.11.2018, has refused to condone the delay in the revision filed under Section 48 read with Section 64(5) of the Act of 2005, against the order passed by Himachal Pradesh Tax Tribunal. However, a cause in order to be sufficient cause must be a cause which is beyond the control of the party invoking this section. 1. Section 5 of the Limitation Act does not say that such discretion can be exercised only if the delay is within a certain limit. Proceedings under that provision are not wrong proceedings and constitute sufficient cause permitting delay. Any appeal or application for a revision or a review of judgment or for leave to appeal or any other application to which this section may be made applicable by or under any enactment for the time being in force may be admitted after the period of limitation prescribed therefor, when the appellant or applicant satisfies the Court that he had sufficient cause for not preferring the appeal or . It is pertinent to note that Section 34 provides for calculation of limitation period from the date of receipt of the award. This is known as doctrine of "sufficient cause". 2. While answering the above issue the court noted that under the Commercial Court Act section 13(1)A does not contain any provision similar to section 34(3) of the . Section 5 of Limitation Act "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 . 78. In order to appreciate the aforesaid findings of the Supreme Court better, we will hereinbelow deal with the Sesh Nath judgment in detail. Section 5 of Limitation Act, 1908 provides that on sufficient cause being shown an application can be admitted by the court even after the period of limitation has expired. Further, the Supreme Court, by applying Section 5 of the Limitation Act, which provides for an extension of the prescribed limitation period in cases where "sufficient cause" can be established, observed that delay in filing an application for appeal under Section 37 could be condoned if the aggrieved party is able to justify the same with . - (1) Where a person entitled to institute a suit or make an application for the execution of a decree is, at the time from which the period of limitation is to be reckoned, a minor, or insane, or an idiot, he may institute the suit or "Although, it is the general practice to make a formal application under Section 5 of the Limitation Act, 1963, in order to enable the Court or Tribunal to weigh the sufficiency of the cause for . Sufficient cause. consequence of Section 5 of the Limitation Act. [S. Ramesh v. 2. By applying the well laid down ratio in various judgments of the Hon'ble Apex Court that the expression "sufficient cause" in Section 5 of the Limitation Act should be given liberal consideration so as to advance substantial justice. The High Court analysed the provisions of MVAT Act and held that "the provisions of this Section are clear to the effect that the Appellate Authority under Section 26 of the Act, namely, the Tribunal, is having the power of extending the period of limitation, if the Appellant makes out a sufficient cause for the same. Short Notes on Limitation Act. However, merely because it is held that Section 5 of the. Question 1. However, Section 5 of the Limitation Act cannot be relied upon to condone delays in filing of appeals under Section 61 of the Code, as a specific period of . Condonation of delay is the extension of the prescribed period in specific cases. Therefore, in the present case, the Court held that the appellant's situation was worthy of protection under Section 5 of the Limitation Act, 1963. 1. Length of delay is no matter, acceptability of the explanation is the only criterion. No event or circumstance arising after the expiry of limitation can constitute such sufficient cause." However, Section 5 makes it clear that there is no compulsion to file such an application. According to the majority decision of the Calcutta High Court, in the circumstances just indicated there was sufficient cause to grant the appellant an extension of a day under Section 5 of the Limitation Act because it was held that it was enough if the appellant satisfied the court that for sufficient cause he was prevented from filing the . The expression 'sufficient cause' had not been defined under the limitation Act, 1963. 5. Reading Section 39 (1)(vi) and Section 17 together, it would therefore follow that an application to set aside an award which is rejected on the ground that it is delayed and that no sufficient cause has been made out under Section 5 of the Limitation Act would be an appealable order. Provisions of Section 5 and 14 of Limitation Act 1908, whether attracted. FURTHER DETAILS. appeal is to be condoned and the application is required to be. The rationale behind this has been discussed. C.R. Legal disability. Section 5 provides that any appeal or application (not plaint or suit) may be . Which means the party can move an application to the court under Section 5 of the act. : Section 5 of the Limitation Act, 1963 allows the extension of prescribed period in certain cases on sufficient cause being shown for the delay. Contents of Article. However, Section 5 of Limitation Act, can be invoked for said purpose, if sufficient cause is shown in perusing wrong remedy. Further, by applying section 5 of the Limitation Act, the court observed that delay in filing . Act. The court observed that by virtue of section 43 of the act, limitation prescribed under articles 116 and 117 of the Limitation Act - i.e., 90 days and 30 days, respectively - shall apply to appeals preferred under section 37 of the Arbitration Act. However, the Supreme Court noted that a condonation of delay under Section 5 of the Limitation Act must be granted only upon a 'sufficient cause', and considering the object of speedy . A delay in filing appeal under section 13 of commercial courts act can be waived off if there is sufficient cause as prescribed under section 5 of the limitation act. Section 5 of the Limitation Act, 1963 allows the extension of prescribed period in certain cases on sufficient cause being shown for the delay. consequence of Section 5 of the Limitation Act. Ltd. v. Kin-ship Services (India) Pvt. This is known as doctrine of "sufficient cause" for condonation of delay which is embodied in Section 5 of the Limitation Act, 1963. Section 14 of the NGT Act provides that the Tribunal will have jurisdiction over all civil cases where a substantial question relating to environment with respect to the above legislation and that the cause of action has first arisen within six months from the date of filing of such an application before the . Applicability of S. 5 of Limitation Act 1963 to condonation of delay to Petition under Section 34 of the . . facts, not condoned as no sufficient cause was made out. 34 of the Act for setting aside an award, one need not conclude that. When the appeal, suit, application etc. 3) Mr. Parthiv K. Goswami, learned advocate on behalf of the appellant has argued before us that unlike Section 34, Section 37 does not exclude Section 5 of the Limitation Act, as a result of which even if the 90 day period is over, if a condonation application is made under Section 5 of the Section 5 of the limitations act says about the extension of the prescribed time period if sufficient cause is given by the aggrieved party. However, to move an application under this section, the party has to show the 'Sufficient Cause' for non-filing of the application within the fixed time. The words "sufficient cause" need to receive a liberal construction. However, let us now assume that this was an application under section 34 of the Arbitration Act. The expression 'sufficient cause' is adequately elastic to enable the courts to apply the law in a meaningful manner which subserves the ends of justice that being the life-purpose for the existence of the institution of Courts. 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