Question

S.5 of the Limitation Act, 1963 enables the court to condone delay in filing _______ on sufficient satisfaction of sufficient cause.

• A. appeal or application
• B. appeal, suit and application
• C. appeal, petition and counter petition
• D. appeal, petition, suit, and counter petition

Hint:

This is a very important and frequently tested point. Remember the golden rule for Section 5 of the Limitation Act: \textbf{It applies to appeals and applications, but NEVER to original suits.}

Answer 1

The Correct Option is A

Step 1: Understanding the Concept:
The Limitation Act, 1963 prescribes specific time periods within which legal actions must be initiated. Section 5 of the Act provides a crucial exception, allowing courts to admit certain proceedings even after the prescribed time has expired, provided the party can show "sufficient cause" for the delay. The question asks about the scope of proceedings to which Section 5 applies.
Step 2: Detailed Explanation:
The text of Section 5 of the Limitation Act, 1963 begins: "Any appeal or any application, other than an application under any of the provisions of Order XXI of the Code of Civil Procedure, 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." The key points to note are: \begin{itemize} \item The section explicitly applies to appeals and applications. \item It explicitly does not apply to the institution of original suits. The rationale is that a plaintiff has ample time to decide to file a suit, and allowing condonation of delay for suits would create uncertainty and disturb vested rights of the defendant. \item It also excludes applications for execution under Order XXI of the CPC. \end{itemize} Therefore, the court's power to condone delay under Section 5 is restricted to appeals and applications only.
Step 3: Final Answer:
Section 5 of the Limitation Act enables the court to condone delay in filing an appeal or application.