An appellant files an appeal late after relying on a High Court order that misled them about how to…
The Explanation to section 5 states that being misled by an order, practice or judgment of the High Court in ascertaining or computing limitation may be sufficient cause.
Choose your answer
An appellant files an appeal late after relying on a High Court order that misled them about how to compute the prescribed period. What effect can this have under the Limitation Act, 1963?
Answer and explanation
Correct answer A
The Explanation to section 5 states that being misled by an order, practice or judgment of the High Court in ascertaining or computing limitation may be sufficient cause.
Option feedback
Option A
The Explanation to section 5 expressly allows this circumstance to count as sufficient cause.
Option B
The Explanation says it may be sufficient cause, so the court still assesses the application.
Option C
Section 5 allows discretionary admission of a late appeal. The prescribed period itself does not automatically change.
Option D
The Explanation expressly makes this kind of misleading order relevant.
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Jammu & Kashmir Judicial Services
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