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A claimant files an ordinary civil suit for recovery of money after its applicable limitation period…

Section 5 permits late appeals and eligible applications where sufficient cause is established. Its text excludes applications under Order XXI of the Code of Civil…

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A claimant files an ordinary civil suit for recovery of money after its applicable limitation period has expired. Can the court use section 5 of the Limitation Act, 1963 to condone the delay?

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Answer and explanation

Correct answer D

Section 5 permits late appeals and eligible applications where sufficient cause is established. Its text excludes applications under Order XXI of the Code of Civil Procedure.

A suit is outside section 5, and section 3 requires dismissal of a time-barred suit subject to the statutory qualifications.

Option feedback

Option A

A hearing without notice cannot give the court a power that section 5 does not confer for a suit.

Option B

Giving the defendant notice does not extend section 5 to a suit.

Option C

The kind of relief sought is immaterial. The decisive point is that the proceeding is a suit.

Option D

Section 5 covers appeals and certain applications. The delayed proceeding here is a suit.

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