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Whether a court can grant extension of period of limitation under Sec.-5 of the Limitation Act, 1963 on…

Section 5 of the Limitation Act, 1963 expressly excludes 'an application under any of the provisions of Order XXI of the Code of Civil Procedure, 1908' (execution…

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Whether a court can grant extension of period of limitation under Sec.-5 of the Limitation Act, 1963 on the ground of sufficient cause in case of an application under Order 21 of the Civil Procedure Code ?

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Answer and explanation

Correct answer A

Section 5 of the Limitation Act, 1963 expressly excludes 'an application under any of the provisions of Order XXI of the Code of Civil Procedure, 1908' (execution applications). Thus the court cannot grant condonation of delay under Section 5 for an Order XXI application ('No').

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