Section 5 — Extension of prescribed period in certain cases

 

📜 Section 5 — Extension of prescribed period in certain cases

This is the famous “condonation of delay” provision.

✅ Text (simplified):
If a person files an appeal or application after the prescribed limitation period, the court may admit it if the person shows sufficient cause for not filing it within time.

Important:
Section 5 does NOT apply to filing of original suits — only to:

• Appeals

• Applications (like revision, review, etc.)

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🕰 Key points:

• Applies to: Appeals, applications (not suits).

• What is required? The party must explain why they couldn’t file in time, showing sufficient cause (like illness, accident, mistake, or unavoidable circumstances).

• Court’s discretion: Even if the limitation has expired, the court has the power to condone the delay if convinced.

• No hard rules: The law doesn’t define “sufficient cause” rigidly; courts interpret it liberally to advance justice, not block it on technical grounds.

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⚖️ Key case laws

• Collector, Land Acquisition, Anantnag v. Mst. Katiji (1987)
  → Supreme Court held courts should adopt a liberal approach in condoning delay, especially for the government.

• State of Nagaland v. Lipok Ao (2005)
  → Courts must balance between finality of litigation and doing substantial justice.

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💡 Practical points

• You need to file an application for condonation of delay along with the appeal or application, explaining the reasons for delay.

• The delay must be justified day by day in some cases, especially when the delay is long.

• If the court is satisfied, it will allow the delayed appeal or application to be heard on merits.