Under section 5 of the Limitation Act, 1963, what is the role of proof of sufficient cause in the…
Section 5 makes sufficient cause a condition precedent to exercising discretion. Proof of sufficient cause does not give an automatic right to condonation. The provision…
Choose your answer
Under section 5 of the Limitation Act, 1963, what is the role of proof of sufficient cause in the court's exercise of discretion to admit an eligible late appeal or application?
Answer and explanation
Correct answer A
Section 5 makes sufficient cause a condition precedent to exercising discretion.
Proof of sufficient cause does not give an automatic right to condonation.
The provision applies to eligible appeals and applications and excludes applications under Order XXI of the Code of Civil Procedure, 1908.
Option feedback
Option A
The applicant must establish sufficient cause before the court can exercise the discretion to condone delay.
Option B
Sufficient cause is required before the exercise of the discretion.
Option C
Establishing sufficient cause opens the discretion without guaranteeing condonation.
Option D
Sufficient cause is a statutory threshold for the exercise of the discretion.
Practice for these exams
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Odisha Judicial Services
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CUET PG Law (LL.M.)
Subject revision