Condonation of delay

Condonation of delay

 condonation of delay is a matter of discretion of the Court. Section 5 of the Limitation Act does not say that such discretion can be exercised only if the delay is within a certain limit. ... But it is a different matter when the first Court refuses to condone the delay

Limitation Act, 1963 sec 3. Bar of limitation (general rule )

(1) Subject to the provisions contained in sections 4 to 24 (inclusive) every suit instituted, appeal preferred, and application made after the prescribed period shall be dismissed although limitation has not been set up as defense;

1. For the purposes of this Act, 1. a suit is instituted, in an ordinary case, when the plaint is presented to the proper officer;

 2. the case of a pauper, when his application for leave to sue is a pauper is made; and

 3. the case of a claim against a company which is being wound up by the court, when the claimant first sends in his claim to the official liquidator;

 1. any claim by way of a set-off or a counter claim, shall be treated as a separate suit and shall be deemed to have been instituted-

 2. in the case of a set-off, on the dame date as the suit in which the set off is pleaded;

 3. in the case a counter claim, on the date on which the counter claim is made in court;

 1. an application by notice of motion in a High Court is made when the application is presented to the proper officer of that court;

Limitation Act, 1963 sec 5. Extension of prescribed period in certain cases – (special circumstances )

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.

file an application for condoning by giving sufficient cause and reason for not done in a prescribed period 

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