Can section 5 of the Limitation Act, 1963 be used to condone delay in filing an application to execute…
Section 5 expressly excludes applications under Order XXI. The type of decree does not lift that exclusion. Computing the applicable period under other Limitation Act…
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Can section 5 of the Limitation Act, 1963 be used to condone delay in filing an application to execute a civil decree under Order XXI of the Code of Civil Procedure, 1908?
Answer and explanation
Correct answer A
Section 5 expressly excludes applications under Order XXI. The type of decree does not lift that exclusion. Computing the applicable period under other Limitation Act provisions is a distinct question.
Option feedback
Option A
Section 5 expressly excludes applications under Order XXI.
Option B
The sufficient-cause power does not extend to applications under Order XXI.
Option C
The exclusion turns on the procedural order, so this type of decree does not lift it.
Option D
The exclusion applies to an Order XXI money-decree execution application as well.
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