What is sufficient cause under section 5 of limitation Act?

According to Section 5 of the Limitation Act, 1963, any appeal or application may be accepted even after the limitation period for the same is over, if the appellant/applicant assures the court that he had a sufficient cause for not being able to file the appeal/application during the limitation period.

What is the meaning of condonation of delay?

Condonation of delay is usually applied for the delay in filing suits or applications in the courts in India. It means the act of condoning the delay in filing an appeal or application by the respective courts. The court(s)/respective authority will not accept the suit or application beyond the limitation period.

What are the sufficient cause for extension of time period under limitation Act?

To obtain an extension of time by invoking the provisions of section 5 of the Act, the party seeking extension must satisfy the court that he had sufficient cause for not filing the suit, appeal, revision or objections within the prescribed period.

What is the effect of expiry of the when prescribed period ends on the day when the court is closed?

Section 4 provides that if the period prescribed expires on a day when the Court is closed, the application etc, may be made on the day, the Court reopens. As per Section 5 condonation of delay is allowed on sufficient grounds.

Can a recovery suit be filed after 3 years?

LIMITATION: The suit can be filed within 3 years from the date of cause of action having arisen. The said period of limitation cannot be condoned.

On what proceedings does Section 5 of the Limitation Act apply?

The Section 5 of the Indian Limitation Act, 1963 is applicable only to the situation where the suit is already filed and pending for disposal. Suppose if the Suit is not filed within the stipulated time-period, then this provision is not applicable to get an extension of time period for filing the same.

What is sufficient cause for condonation of delay?

Supreme Court of India. Cites 16 – Cited by 262 – Full Document. State Of Haryana vs Chandra Mani & Ors on 30 January, 1996. mistake of counsel by itself is always sufficient cause for condonation of delay.

What happens if condonation request is rejected?

Your condonation request is forwarded for approval. This return will be invalid till approved”. Hence, in case the assessing officer reject the condonation request, return will be treated as invalid. Since the earlier return as been invalidated, it is advised to file the revised return.

How long is the limitation period?

The limitation period runs from the sale of the goods. Ten years for most other claims, such as contractual claims. The limitation period runs from the day the claim arises, that is, when the obligation becomes due. Limitation periods vary according to the subject matter of the claim, and range from one to ten years.

What is the limitation period for recovery of money?

three years
61, which provides, a period of three years’ limitation from the date when the money is paid, for a suit to recover money payable to the plaintiff’s for money paid for the defendant.

What is the limitation for suit for recovery of money?

What is the Limitation Act 1963?

The Limitation Act, 1963 with its new law connotes that it does not create any racial or category qualification since each Hindu and Muslim Law area unit presently accessible underneath the law of constraint in keeping with this written record. within the matter of Syndicate Bank v.

When was the law of limitation introduced in India?

Prior to 1859, there was no law of limitation applicable to the whole of India. It was only in 1859 that a law relating to limitation (Act XIV of 1859) was enacted that was applicable to all the Courts. The Limitation Act was subsequently repealed in the years 1871, 1877, 1908.

What is the law of limitation?

The Law of limitation prescribes a period among that a right is often implemented during a Court of Law. The period for varied suits has been provided within the schedule of the Act. the most purpose of this Act is to stop proceedings from being dragged for an extended time and fast disposal of cases that end up in effective proceedings.

What are the bar of limitations in civil law?

PART II LIMITATION OF SUITS, APPEALS AND APPLICATIONS 3. Bar of limitation (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 a defence.