Condonation of Delay (Section 5)

Mains Questions – Limitation Act

Q. 1. Under the Limitation Act:
(A) What is the scope of section 5 and does it apply to Suits? [JJS 2001)

Q. 2. Advice ‘A’ in the following cases:
(i) ‘A’ fails to file the appeal within the period of limitation due to illness. [JJS 2014]

Q. 3. Under what circumstances can delay be condoned in the filling of appeal and applications? [HJS 1996]

Q. 4. Explain the doctrine of ‘Sufficient Cause’ for condonation of delay. [HJS 1998]

Q. 5. Can the court extend period of limitation for filing suit if sufficient causes are shown? What are the limitations on powers of condonation of delay by courts? [HJS 2000]

Q. 6. What are the duties of government officers with reference to section 5 of the Limitation Act in a suit, where the government is a party? [HJS 2000]

Q. 7. A decree holder makes an application for execution of a decree beyond the prescribed time. He makes an application showing sufficient cause in making the execution application with delay. How would you decide those applications? [RJS 1969]

Q. 8. The Court passed award in land acquisition reference was passed by the Court on 17.07.1970. Application for certified copy was moved on 31.08.1971, copy obtained on 05.01.1972 and appeal was filed on 19.1.1972. It was barred by time. Land Acquisition Officer filed application to have the delay excused under section 5 of the Limitation Act, 1963 alleging that the government pleader failed to apply for certified copy, obtain it and forward it with his opinion; there was utter confusion during his time and department did not know in which cases appeal were not filed; he played fraud and over a crore of rupees would be the loss to the government on account of such fraud; that correspondence exchanged with him, produced here, would show how negligent and uncooperative he was with the department. The respondent opposed it and contended that notice of the award was duly served by the Court on the department and the delay is not on account of bonafide mistake of the counsel and sufficient cause had not been shown for condonation of delay of over one year. Decide application under section 5 of the Limitation Act. [DJS 1991]

Q. 9. A filed an appeal to the Distt. Judge against the order of the Estate Officer on 11.10.1988.The appeal was delayed by one day. a did not file any application for condonation of delay but made an oral application for condonation on the ground that his son and grandson were implicated in a false and frivolous case at Ambala under section 307 /332/353 L.P.C. and Section 3, 4, 5 of T.D.P.S. Act so he had to attend the Ambala Court on 10.10.88 and that is why he could not hand over complete papers to his Counsel to file the appeal. On his return to Delhi on 11.10.88, he handed over complete papers to his Counsel, who filed the appeal on that very day. Decide whether the delay of one day could should be condoned in these circumstances. [DJS 1996]

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