), 10. A Court has no, power to ignore that provision to relieve what it considers a distress, resulting from its operation. The statutory provision may cause, hardship or inconvenience to a particular party but the Court has no, choice but to enforce it giving full effect to the same. examine the factors or causes which may be shown as sufficient causes to satisfy the court for condoning the delay and which unable the applicant to approach before the court within the statutory period. It is necessary as the bad trends and precedents being set need to be stopped. Theres a specific time limit set forth in Schedule 1 of the Act. There are multiple ways in which this can be done, and every court must ascertain what grounds are acceptable to allow condonation. In respect of petitioner No.2/appellant No.2 it is, observed that no convincing record is produced even to, show that he was hospitalized for 4 to 5 months. In C.V Purushotham v. Chinna Jeeyangar Mutt, (AIR 1975 AP 153), it The reason for the non-applicability of the Section to suits is that the period of limitation allowed in most of the suits extends from3 However, the decision must be in a pragmatic and rational manner. 1963, nothing in this Act shall,. of would make functioning of administration impossible. Anand Button Ltd. v. State of Haryana &, Ors., AIR 2005 SC 565; K.K. Petition filing to the Ministry of Corporate Affairs (MCA) in Form CG-1 is done, depending on the case. The, provision needs to be considered from both the angles, mentioned by the Apex Court. 1968, Mad. In case there was no sufficient cause to, prevent a litigant to approach the court on time condoning the delay, without any justification, putting any condition whatsoever, amounts, to passing an order in violation of the statutory provisions and it. If an appeal has been filed without the application for condonation of delay, the consequence shall not be very harsh and it may also be accepted. 2002 SC 100; and Ram Nath Sao @ Ram Nath Sahu & Ors. Here, find the list of some of the major points on how a condonation of delay can be filed: Late submission of a form or application will cause a time bar on an appeal in a legal case. The company then files the order to ROC in Form INC-28. Ordinarily, a litigant does not stand to benefit by lodging an appeal late. Type of Jurisdiction Exceptions to Condonation of Delay - Section 5 Rule 3A General Principles under The Limitation Act General Principles of the Condonation of delay Instances where condonation can be granted Leading Judgments Balakrishnan v. M.A. Normally, file may take few days or a week on a table, but cannot take months and years. The application is to be, decided only within the parameters laid down by this court in regard, 1. All information is subject to specific conditions | 2023 Navi Technologies Ltd. All rights are reserved. Equality is a trite, which cannot be claimed in illegality and therefore, cannot be enforced by a citizen or court in a negative manner. after the prescribed period if the appellant or the applicant satisfies the 5 of the Limitation Act, the Courts should adopt a pragmatic approach. Section 3A The object of Section 3A of the Limitation Act What is "sufficient cause"? Navi doesn't take any responsibility for the information or claims made in the blog. station and so he could not take steps for filing appeal. cause. 1. The District Court has not touched the rival contentions, to ascertain prima facie merits of the case. The Supreme Court must provide proper guidelines relying on which the interpretation should be made. 4.1 It is submitted that when the High Court has exercised . Sufficient cause in the stay of execution of a decree. the decree of the judgment necessary to accompany the appeal or application was This means that the law assists the vigilant, not those who sleep over their rights. In ascertaining cause, the test of reasonable burden It is true. Section 31 | Limitation Act. As a supplier, What Is Section 10 of the Income Tax Act? Defendant Nos.3 and 4, present respondents, contested the proceeding by contending that no sufficient, cause was shown. Ans. application within such period. It has consistently been held that, inconvenience is not a decisive factor to be considered while, 13. In view of the facts and circumstances, this, Court holds that no arguable case is made out, no, sufficient cause is shown and there is no possibility of. Section 460(a) suggests that if an application is essential to be filed with the Central government and is not made so within the stipulated time, the Central government has the authority to excuse the delay if the reasons are rational and given in writing. The sufficient cause for the purpose of non-appearance of a party refers only to the date on which the party did not appear and an ex-parte decree was passed. Types, Calculation, and Current Rate, Top 10 Chit Fund Schemes in India in 2023, 10 Best Gold ETFs in India to Invest in April 2023, 10 Best Demat Accounts in India for Beginners in 2023, 20 Best Index Funds to Invest in India in April 2023, Best Arbitrage Mutual Funds to Invest in India in April 2023, 10 Best SIP Plans in India to Invest in April 2023, 10 Best Corporate Bond Funds in India to Invest in April 2023, 10 Best Bank for Savings Account in India [Highest Interest Rate 2023]. As care, needs to be taken in this regard, it can be said that the. In the case of Surendra Kumar v. Rajendra Kumar Agarwal, adjournment can be granted if the party seeking it is ready to pay reasonable costs, including exemplary costs, when an adjournment is sought multiple times, to cause loss or harm the opposite party. v. Santa Singh &, Ors., AIR 1973 SC 2537; and Pundlik Jalam Patil v. Executive. 8. explained by the following judicial observations: which misled the appellant or For phut kharab land, assessment. However, the Supreme Court noted that a condonation of delay under Section 5 of the Limitation Act must be granted only upon a 'sufficient cause', and considering the object of speedy . The doctrine of sufficient cause must be interpreted liberally, but while granting adjournments, the Court is mandated not to do so as it is against the public policy. In one case, a ground may not be acceptable as sufficient ground for. Since the term has not been defined by the Act itself, the Courts enjoy vast discretion here.). The Himachal Pradesh High Court has, in a case, held that this provision in the Arbitration Act is evidently a substitute for the provisions of Section of the Limitation Act and by necessary implication, it excludes the applicability of Section 5 to Applications under Section 34 of the 1996 Act. The institution of marriage and its preservation are considered essential for the stability of . 226 of the Constitution. Upon reading the above decisions, we can conclude that the discretionary power is exercised very liberally by the Court, and tries to entertain as many appeals as possible in order to serve justice. Thus, if some other similarly situated persons have been, granted some relief/ benefit inadvertently or by mistake, such an order. Section 5 provides that anyappeal or application (not plaint or suit)may be admitted Any suit, appeal or application must be filed within the period prescribed by The Limitation Act, 1963. High Court allowing the application for condonation of delay and condoning the delay in preferring the appeal. However, it must be noted, that since the remedy is discretionary in nature, the Court is not bound to condone the delay just because an Application was filed, making out a sufficient cause for the delay. However, it is also laid down by the Apex, Court that hard and fast rules cannot be laid down to. Thus, it can be said that the Limitation Act does take care of and looks into all the exigencies and circumstances which go about in filing a case on time. The Supreme Court held, inter alia, that: in exercising discretion under sec. If a person receives a decree and does not file an appeal within 90 days, he is deemed to have been satisfied by the decree and accepted it. bootcamps so far, Extension of Appeals and Applications for Sufficient Cause. In order to seek condonation of delay, a party must satisfy the court that they had been obstructed by some sufficient cause from filing the application or appeal within the prescribed time frame. (2005) 7 SCC 510; Rajendar Singh & Ors. However, in such a case, also the Court has to exercise discretion judiciously and, the exercise must be to advance substantial justice. Late submission of a form or application will cause a time bar on an appeal in a legal case. 14. appellant No.2 / plaintiff No.2 was suffering from heart, disease. delay by showing sufficient cause and its own conduct, it will be unreasonable to take away that right on the mere asking of the . The term limitation for the purpose of this article refers to the limitation of time that has been prescribed by law for the people within which they must approach the Court. party or serious illness. then, in this case, we can show once time starts then it cannot be disabled. Apart from the language, express exclusion may also follow from the scheme and object of the special or local law.5. The essence behind the statutes of Limitation has been well expressed by Lord Plunkett in the following words, Time holds in one hand a scythe; in the other hand an hour-glass. be taken into consideration in condensation of delay, but such mistake must from the Loan time, if the minor son was there with the Person then the time The law of limitation, on the other hand, averts cases from being stretched and sets a timeline within which the case may be filed to seek remedy. This is known as doctrine of "sufficient cause".Section 5 provides that any appeal or application (not plaint or suit . and Ghanshyam and the suit was dismissed by the Court. Limitation Act, 1963 states that,once time begins to run no Whether the daughter can get a partition of ancestral property by disowning relinquishment deed? dura lex sed lex which means the law is hard but it is the law. In P. Ramachandra Rao v. State of Karnataka, AIR 2002 SC, 1856, this Court held that judicially engrafting principles of limitation, amounts to legislating and would fly in the face of law laid down by, the Constitution Bench in A. R. Antulay v. R.S. 1968, Mad. The Act of 1963 If the Court is refusing to condone the delay, it can result in a meritorious matter being discarded and the roots of justice being defeated, However, when a delay is condoned, the highest that can happen is that the case will be decided on merits i.e., a decision based on evidence rather than on technical and procedural grounds. On the refusal of condonation of delay, the appeal stands rejected. will not be revived. (See: Manindra Land and Building Corporation Ltd. v. Bhootnath Banerjee & Ors., AIR 1964 SC 1336; Lala Matadin v. A. Narayanan, AIR 1970 SC 1953; Parimal v.Veena @ Bharti AIR, 2011 SC 1150; and Maniben Devraj Shah v. Municipal, Corporation of Brihan Mumbai AIR 2012 SC 1629. point of prima facie merits of the case and bona fides. be barred by limitation. 9of the during which period the defendant was looking after him An Application for setting aside may not be made after three months have elapsed from the date on which the party making the Application had received the Arbitral Award or, if a request had been made under Section 33, from the date on which that request had been disposed of by the Arbitral Tribunal. 5 of the Limitation Act, 1963 allows the extension of the prescribed period in that time and time has begun to run from the date of the loan itself. party or serious illnessof Section 5 of the Act makes it clear that to grant condonation for the delay is totally upon the discretion of the Court, and the burden to prove sufficient cause lies upon the party claiming such condonation. However, ignorance of the law is no excuse, not Condonation of delay is the extension of the prescribed period in specific cases. The objective behind this provision was observed by the Apex Court in the case of M.P. These appeals have been preferred against the common, impugned judgment and order dated 10.6.2011 passed by the High, Court of Karnataka at Gulbarga in MFA Nos.10765 and 10766 of, 2007 by which the appeals of the appellants under Section 54 of the, Land Acquisition Act, 1894 (hereinafter referred to as `the Act) have. o Mistake of lawin establishing or exercising the right given by law may What is sufficient cause and what is not may be They contended that in the, past, Bansi, the predecessor of defendant Nos.3 and 4 and, had filed Regular Civil Suit No.54 of 1963 for, the possession of the aforesaid property against Laxman. substitute the words law in force in Sikkim immediately before the It is most frequently presented during divorce proceedings, though it is also used in . cause. But a cause to be sufficient within the meaning of . v. Abdul Majid, (hereinafter ' Ator Ali case') the counsel instead of filing a revision application against the suit, filed a writ petition under Art. Therefore, the delay that requires to be explained is from the date the time was running out till the date of filing appeal or the application, as the case may be. The restraint period is when a petitioner can bring suit against a defendant. o Imprisonment of the party or serious illness of the party may be considered for condonation of delay. The scythe mows down the evidence of our rights, the hour glass measures the period which renders that evidence superfluous.. If the High Court has committed such, a grave error in other cases, that cannot be a ground for interference, by this Court as it is a settled legal proposition that doctrine of, equality does not apply for perpetuating an illegal and erroneous, order. Merits of the matter are to be heard only if the Court is satisfied by the sufficient cause and the delay has been condoned. He needs to discharge it by, The Apex Court has laid down that the purpose, of provision is to advance substantial justice and so the, meritorious case and denying substantial justice. Define condonation. 1. By impugned order dated 17.10.2016, the High Court dismissed the aforesaid delay condonation application, . long enjoyment or what may have been lost by a party's own inaction, (See: Popat and Kotecha Property v. State Bank of India Staff, Assn. disability if some is showing he/she was unable to file the suit, Application, Katiji & ors, has laid down some guiding principles which the Courts must follow while dealing with the issue of condonation of delay. the negligence of the party or the legal adviser constitutes a sufficient The applications for condonation of delay, stood rejected as the High Court did not find any sufficient cause to, 3. There is no per se definition of the term sufficient cause in the limitation act, giving it a much wider scope of interpretation. or application instituted, preferred, or made before, and pending at, such The courts have, expressed at least three differing reasons, supporting the existence of statutes of limitations, namely, (1) that long dormant claims have more of, cruelty than justice in them, (2) that a defendant, might have lost the evidence to disprove a stale, claim, and (3) that persons with good causes of, actions should pursue them with reasonable, An unlimited limitation would lead to a sense of insecurity and, uncertainty, and therefore, limitation prevents disturbance or, deprivation of what may have been acquired in equity and justice by. In most of the cases, the Courts are not considering the, necessary to advance substantial justice. Once the court ascertains the reason for the delay, it will continue to hear the case. Though the objective of the law is to safeguard a petitioners rights, it cannot offer a waiver to a defendant. Condonation definition, the act of condoning; the overlooking or implied forgiving of an offense. On the other hand, suits dealing with mortgaged property have a 30-year statute of limitations. of limitation prescribed by the Indian Limitation Act, 1908 (9 of 1908), It often happens that people approach the Court after the prescribed period of limitation, Section 5 of the Act provides the remedy in such situations. We have already seen the general rule, which is to approach the court within the prescribed period of limitation. Ramaswamy, [(1973) MLJ 399], it has been held that when an application for A wrong, order/decision in favour of any particular party does not entitle any, other party to claim benefits on the basis of the wrong decision. expired before the commencement of this Act; or. As per the Indian law, there is a certain time frame to submit all forms and applications to the Registrar of Companies (ROC). The only, explanation offered for approaching the court at such a belated stage. explained by the following judicial observations: o Wrong practice of the High The expression `sufficient cause' employed by the legislature is adequately elastic to enable the Courts to apply the law in a meaningful manner which subserves the ends of justice that being the life-purpose for the existence of the institution of Courts. Court ought to have held that sufficient cause is shown. (b)Affect any suit, suit for the after the New commence of the active time limitationact 1963. A distinction must be made between a case where the delay is inordinate and a case where the delay is of a few days. MCA then levies the penalty and condones the delay. The Income Tax 1961 facilitates the delay of an application lodged under the Act to be excused. However, the Courts lower in the hierarchy seem to not be exercising this power much.. The Act in its. Section 5 of Limitation Act, 1908 provides that on sufficient cause being shown an application can be admitted by the court even after the period of limitation has expired. purpose. But under the 5 of the Limitation Act, 1963 allows the extension of the prescribed period in The same was held in the case of. Section 5 has no application to a case falling under Section 34(3) of the 1996 Act.4. Section 31 of the Limitation Act, 1963 provides 2. o Imprisonment of the In the instant case, the deceased having died on 26-10-2017, the appellant failed to file an . The Limitation Act enunciates the principle of Condonation, quite early on, in Section 5 of the Act, which reads as under: Extension of prescribed period in certain casesAny appeal or any application, other than an application under any of the provisions of Order XXI of the Code of Civil Procedure, 1908 (5 of 1908), may be admitted after the prescribed period if the appellant or the applicant satisfies the court that he had sufficient cause for not preferring the appeal or application within such period. The reasons must be on the grounds mentioned to make, out sufficient cause and there must also be reasons on the. application but within 12 years of the date of the decree, such application Condonation of Delay, Section The Court stated that sufficient cause could differ from case to case and providing a definition to such wide doctrine would limit its scope. The Supreme Court has held that the words sufficient cause in Sec. The, condonation of delay. This provision makes sense, because, if the decree is not satisfactory enough then 90 days is a long enough time to realise that and file an appeal against the same. Section 5 further shows that the party seeking, extension of prescribed period is required to satisfy the, Court that he had sufficient cause for not preferring the, appeal/application and that arose within such period and, continued thereafter. under Section 5. can give rise to The land of the appellants in Survey No.417/2 admeasuring 4. acres and Survey No.418 admeasuring 23 acres, 1 guntha; and 5 acres, 23 gunthas of phut kharab situated in the revenue estate of village, Mahagaon, Tehsil and Distt. can be backed by having "sufficient cause". If the court denies to condone the delay. Having said that, we as litigants must take note of the fact, that there are sound reasons behind filing a case on time and it would not only be in the interests of justice but also in our collective interests to be vigilant in recognizing our rights and making sure we do not make use of these broad parameters and leeway given by the law for unlawful gains and benefits but, in fact, (and law) use them judiciously. Dearness Allowance Meaning - Dearness Allowance (DA) is an allowance Chit funds are one of the most popular return-generating saving schemes in India. suit for the after the New commence of the active time limitationact 1963. , Once time starts then it will not become a and have from lapse of time become stale. Section Section 5 applies only to appeals or The Court has no power to, extend the period of limitation on equitable grounds. In case the legislation is not passed with respect to limitations, it leads to an indefinite litigation process. The discretion to condone a delay is totally upon the discretion of the Court. of the Limitation Act, has been that one of the appellants had taken ill. 7. Extension of prescribed period in certain, cases.-- Any appeal or any application, other than an, application under any of the provisions of Order XXI, of the Code of Civil Procedure, 1908, may be, admitted after the prescribe period, if the appellant, or the applicant satisfies the court that he had, sufficient cause for not preferring the appeal or. applicable on Appeal or Application not on Plaint and Suit, because of times If an application for the execution of a decree passed before the (Vide: Chandigarh Administration & Anr. Condonation in Canada Definition of Condonation. In a scenario of appeals under the Criminal Procedure Code and the Civil Procedure Code, the time limit is 30 to 90 days. Often, most grounds emerge as an error in judgement, a lawyers mistake, or a misreading of the law. needs to be done in systematic manner as observed above. It varies on a case-to-case basis. . Thus, existence of sufficient cause is. The interpretation must be made liberally, keeping a balance and trying not to favour one side, but the Courts have set some bad precedents by doing exactly the opposite. explanation with regard to the remaining period. The record, council is also considered by the trial Court, In the application filed for condonation of, delay, the present appellants had contended before the, District Court that there was sufficient cause for not filing, appeal in time. This is where the component of Condonation of Delay comes into play. The term condonation signifies that the offence (of avoiding the law of period as suggested by the Act) is impliedly rejected, and the case will continue to proceed as no offence has occurred. in exceptional circumstances perhaps could be justified. 5. A Suit must always be filed within the Limitation period and not beyond it. Also, Section 29(2) of the Limitation Act lays down that it would be the governing law as far as Limitation is concerned, unless its working is expressly excluded by the Special Law in question. However, a mistake in noting the date fixed for the hearing can also be considered as a sufficient cause, provided that the party had no mala fide intentions, or was trying to delay the proceedings. The litigant gains nothing but resorting to delaying and, in fact, possesses serious risk. The limitation of time is created in order to prevent delaying justice. Nayak, AIR 1992, 15. the party may be considered for condonation of delay. Whether it is mandatory to pay stamp duty on lease agreement entered for 11 months. This doctrine of condonation of delay is the extension of the prescribed time period under the limitation act,1963 which provides the maximum time period for filing an appeal or application. such a case the delay does not deserve to be condoned. Also, it was held that the term sufficient cause is something which cannot be defined by hard and fast rules. . If that was the case then it would show how careless the appellant was regarding their rights and would simply waste the precious time of the court. An amendment was made to the Limitation Act in 1976 wherein Section 3A was inserted to the Act. Here, find the list of some of the major points on how a condonation of delay can be filed: The Limitation Act of 1963 has a larger objective. In the cases where the delay is more than 400 days or above 1000 days, there has been no justification, much less a sufficient cause shown, for condonation of delay. states that the provision of the new Limitation Act shall not affect any suit, states that an appeal or application must be filed within 90 days. application or appeal, instituted, made, or preferred before and pending at the Any cause which prevents the parties, approaching the Court within time is sufficient. It offers a time limit for the applicant to file an application, appeal, or suit before the court. his counsel in not filing the appeal should be regarded as sufficient cause The Limitation Act, 1963, of which the concept of Condonation of Delay is a component, was enacted on 5th October, 1963, which came into force on, 1st January, 1964. The General Principles of the Condonation of Delay, Time Limit for Condonation of Delay Under Limitation Act, 1963. making the application within such period. The Court has to exercise the discretion on the facts of each case keeping mind that in construing the expression sufficient cause the principle of advancing substantial justice is of prime importance. As a general rule, the Appellate Court is not, expected to interfere with the discretion exercised by the, lower Court in allowing or rejecting the application for, condonation of delay, unless it appears that the Court has, exercised the power on aforesaid judicial principles. . Refusing to condone delay can result in a meritorious matter being thrown out at the very threshold and cause of justice being defeated. Provision of clause (b) of Section 31 of the Limitation Act, 1963 final. We believe sharing knowledge through relatable content is a powerful medium to empower, guide and shape the mindset of a billion people of this country. Mst Katiji recommended some principles that need to be adhered to while administering the doctrine on condonation of delay. A result, flowing from a statutory provision is never an evil. Therefore, the word "sufficient" embraces no more, than that which provides a platitude, which when the act done suffices, to accomplish the purpose intended in the facts and circumstances, existing in a case, duly examined from the view point of a reasonable, standard of a cautious man. It is an application drafted to condone the delay in filing any Petition/ Complaint/ Written Statement/Appeal etc. Update your Aadhaar card details online for free before June 14, 2023. It has also been tried to develop a comprehensive idea for understanding the fact that condonation of delay is a matter of The interpretation should be able to ensure that no injustice is done to the judgement debtor by depriving him of his right to appeal on the basis of some circumstances that were out of his control. the Court held that a party seeking condonation of delay must show that they were acting bona fide and had taken all possible measures within their power and control and did not approach the court with any unnecessary delay. Section 5 provides that any, may be admitted They contended that as petitioner No.2 was, suffering from heart disease and he was hospitalized as, indoor patient he could not take steps for filing appeal. 14. A board of meeting is held to pass a resolution for filing an application for condonation of delay, A petition is prepared for condonation of delay. The limitation period, in this case, will end after 3 years from the date of the loan(i.e. In one case if Court, case, there is prima facie merit in the matter, the Court, may hold on the basis of explanation given by the party, that sufficient cause is shown.
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