A civil appeal is filed after the prescribed period. Under section 5 of the Limitation Act, 1963, when…
Section 5 of the Limitation Act, 1963 allows the court to admit a late appeal if the appellant satisfies it that there was sufficient cause for the delay. The word may gives…
Choose your answer
A civil appeal is filed after the prescribed period. Under section 5 of the Limitation Act, 1963, when may the court admit it?
Answer and explanation
Correct answer C
Section 5 of the Limitation Act, 1963 allows the court to admit a late appeal if the appellant satisfies it that there was sufficient cause for the delay.
The word may gives the court discretion. Filing a request or showing that the appeal is arguable does not create an entitlement to admission.
Option feedback
Option A
A request alone does not establish sufficient cause.
Option B
The statute requires the appellant to satisfy the court about the cause of the delay. Respondent consent is not the statutory condition.
Option C
Section 5 permits the court to admit the appeal after the appellant satisfies it that there was sufficient cause for the delay.
Option D
An arguable appeal does not displace the requirement to show sufficient cause for filing late.
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CUET PG Law (LL.M.)
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