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…
Choose your answer
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?
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.
Practice for these exams
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Himachal Pradesh Judicial Services
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CUET PG Law (LL.M.)
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