An appeal to which section 5 of the Limitation Act, 1963 applies is filed late. What must the appellant…
Section 5 of the Limitation Act, 1963 allows a court to admit an eligible late appeal or application if the appellant or applicant shows sufficient cause for the delay. This…
Choose your answer
An appeal to which section 5 of the Limitation Act, 1963 applies is filed late. What must the appellant show before the court may admit it under that section?
Answer and explanation
Correct answer C
Section 5 of the Limitation Act, 1963 allows a court to admit an eligible late appeal or application if the appellant or applicant shows sufficient cause for the delay. This is a threshold for exercising judicial discretion. Section 5 excludes applications under Order XXI of the Code of Civil Procedure, 1908.
Option feedback
Option A
The respondent’s consent does not substitute for sufficient cause.
Option B
The inquiry is whether the statutory condition for admitting the appeal after time is satisfied.
Option C
The appellant must satisfy the court that there was sufficient cause for missing the prescribed period.
Option D
Section 5 turns on sufficient cause, without a fixed grace period of its own.
Practice for these exams
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Punjab Judicial Services
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CUET PG Law (LL.M.)
Subject revision