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 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'. Section 5 provides that 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. exercise of power under Section 5 of the Limitation Act, 1963, we are of the view that sufficient cause has been stated for not. 78. consequence of Section 5 of the Limitation Act. The Ground for sufficient cause is the facts and circumstances of each case. Further, by applying section 5 of the Limitation Act, the court observed that delay in filing . 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. Section 5 provides that 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. Applicability of S. 5 of Limitation Act 1963 to condonation of delay to Petition under Section 34 of the . Act. The effect of section 4 of the Limitations Act, 2002 does not extinguish the cause of action itself, but rather the right of the plaintiff to make a claim in respect of . 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. 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 . However, a cause in order to be sufficient cause must be a cause which is beyond the control of the party invoking this section. 77 = PLD 1999 Qta. Condonation of delay is the extension of the prescribed period in specific cases. was whether the High Court had power under Section 5 of the Limitation Act to condone the delay . When the appeal, suit, application etc. limitation may be sufficient cause within the meaning of this section. Limitation Act, 1963 - Jurisprudence, Interpretation & General Laws Important Questions. 2. 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. Explain the 'doctrine of sufficient cause for condonation of delay as provided in section 5 of the Limitation Act, 1963. 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. Provisions of Section 5 and 14 of Limitation Act 1908, whether attracted. Limitation Act is not applicable to an application filed under Section. Question 1. This is known as doctrine of "sufficient cause".Section 5 provides that any appeal or application (not plaint or suit . The Biological Diversity Act, 2002. Extension of a prescribed limitation period in certain cases is provided under section 5 of the Limitation Act. Doctrine of sufficient cause Section 5 allows the extension of prescribed period in certain cases on sufficient cause being shown for the delay. 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 . appeal is to be condoned and the application is required to be. "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 . 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 . Therefore in view of the above discussion limitation for a suit cannot be extended by showing a sufficient cause as a matter of right. As per the Bench, it is a general practice to make an application u/s 5 of the Limitation Act so that the Court can decide if there was a sufficient cause for the delay and make a decision accordingly. The expression 'sufficient cause' had not been defined under the limitation Act, 1963. Hence, in applying section 4, it would be . Section 5 provides that any appeal or application (not plaint or suit) may be . "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. ADVERTISEMENTS: 2. Sometimes delay of the shortest range may be uncondonable due to a want of acceptable explanation whereas in certain other cases . 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. The words "sufficient cause" need to be given liberal construction. facts, not condoned as no sufficient cause was made out. Hence, the general rule of law of limitation is that an extension shall not be granted under Section 5 if there is no sufficient cause or cogent ground for the condonation of delay, the onus of proving which lies on the appellant/applicant. 572, the Supreme Court has held that even if the plea of limitation is […] (2005) 1 SCC 787 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. Section 5 of the Limitation Act 1908 provides that 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 may be admitted after period of limitation prescribed therefore, when the appellant or applicant satisfies the court that he had sufficient cause for not preferring the appeal or making . was prevented by sufficient cause from making the application within the said period of . . BK Education, recognized the discretion of adjudicating authority with regards to applicability of the aforesaid section on proceedings of the code. 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. (ii) Whether for taking benefit of judgment of the Hon'ble Supreme Court passed in Suo Motu Writ Petition No. This is known as doctrine of "sufficient cause" for condonation of delay which is embodied in Section 5 of the Limitation Act, 1963. This period of limitation can be further extended by 30 days in cases where the applicant is able to show sufficient cause for delay in filing petition under Section 34. 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 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. 5. Introduction To Condonation of Delay The term 'condonation of delay' is characterized under Section 5 of the Limitation Act in the event of offers. Section 5 of the limitations act says about the extension of the prescribed time period if sufficient cause is given by the aggrieved party. 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. 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 . No event or circumstance arising after the expiry of limitation can constitute such sufficient cause." Section 5 of the Limitation Act, 1963 allows the extension of prescribed period in certain cases on sufficient cause being shown for the delay. 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. Which means the party can move an application to the court under Section 5 of the act. The proof of sufficient cause is a condition precedent to the exercise of jurisdiction under section 5 of the Limitation Act. "..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. 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 . Observing "sufficient cause" under Section 5 of the Limitation Act, 1963 the Court noted the concept of reasonableness as brought out by the case Esha Bhattacharjee v. Managing Committee of Raghunathpur Nafar Academy, (2013) 12 SCC 649. filing the appeal in time and hence, delay caused in filing. P.L.J.1999 Qta. 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. 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? 1. Sufficient cause. 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. : Section 5 of the Limitation Act, 1963 allows the extension of prescribed period in certain cases on sufficient cause being shown for the delay. Short Notes on Limitation Act. However, Section 5 of Limitation Act, can be invoked for said purpose, if sufficient cause is shown in perusing wrong remedy. The High Court's judgement refusing relief to the appellant was set aside. allowed." (Emphasis supplied) 6. In order to appreciate the aforesaid findings of the Supreme Court better, we will hereinbelow deal with the Sesh Nath judgment in detail. 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. Section 5 of the Limitation Act reads as hereunder:-. It is not necessary to refer to the explanation in section 16 or the grounds on which the elections could be questioned. 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 . 1. FURTHER DETAILS. (ii) Whether for taking benefit of judgment of the Hon'ble Supreme Court passed in Suo Motu Writ Petition No. 3 Filing of appeal in wrong forum. Section 5 of the Indian Limitation Act, 1963 (Act 36 of 1963) is an enabling provision to assist the litigants who failed to do an act within the prescribed time period as originally fixed under the various enactments. Doctrine of sufficient cause Section 5 allows the extension of prescribed period in certain cases on sufficient cause being shown for the delay. 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. This is known as doctrine of "sufficient cause" for condonation of delay which is embodied in Section 5 of the Limitation Act, 1963. LIMITATION ACT, 1963 [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. Section 5 in The Limitation Act, 1963 states "Extension of prescribed period in certain cases. consequence of Section 5 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. Where there is a special provision in an act, section 5 of the Limitation Act obviously cannot apply. 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 . 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. Ltd., 2011(5) Bom. - (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 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 . 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. The Court is reminded of the provisions under section 14(1) of the Law of Limitation Act [Cap 89 R.E. 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. 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 The words "sufficient cause" need to receive a liberal construction. 2. 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. 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. Contents of Article. 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 . Share this: Twitter Facebook Print LinkedIn Reddit Tumblr Pinterest Pocket Telegram Section 5 of the Limitation Act stands excluded because of the. Acknowledging that the expression 'sufficient cause' contained in Section 5 of the Limitation Act was elastic enough to yield different results depending upon the object and context of a statute, the Court held that given the object sought to be achieved under both the Arbitration Act and the Commercial Courts Act, that is, the speedy . However, merely because it is held that Section 5 of the. The expression "sufficient cause" in section 5 of the Limitation Act should receive a liberal construction so as to advance substantial justice. Ltd. v. Kin-ship Services (India) Pvt. C.R. [S. Ramesh v. 11. provisions of Section 29 (2) of the Limitation Act. [4] "5 Extension of prescribed period in certain cases-Any appeal or any . 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. Legal disability. 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