A plaintiff on account of his illness is unable to file the civil suit within the period of limitation…
Section 5 of the Limitation Act, 1963 applies to appeals and applications, with the stated Order XXI exclusion; it does not apply to suits. Illness therefore cannot support…
Choose your answer
A plaintiff on account of his illness is unable to file the civil suit within the period of limitation prescribed under the Limitation Act, 1963. He files the suit along with an application for condonation of delay on the grounds of his illness. Can the court condone the delay in filing of the suit under section 5 of the Limitation Act?
Answer and explanation
Correct answer B
Section 5 of the Limitation Act, 1963 applies to appeals and applications, with the stated Order XXI exclusion; it does not apply to suits. Illness therefore cannot support condonation of late institution of this suit under section 5. Separate statutory computation or exclusion provisions depend on their own facts.
Option feedback
Option A
Section 5 extends specified appeals and applications, not suits.
Option B
A suit cannot be admitted out of time under section 5 on illness alone.
Option C
Proof of illness does not expand section 5 to cover suits.
Option D
The proposition excluding this suit from section 5 is correct.
Practice for these exams
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Delhi Judicial Services
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CUET PG Law (LL.M.)
Subject revision