S.5 of the Limitation Act, 1963 enables the court to condone delay in filling ______________ on sufficient satisfaction of sufficient cause.

All India Bar Examination (AIBE) 5-V Previous Year Question Papers with Answers

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16.

S.5 of the Limitation Act, 1963 enables the court to condone delay in filling ______________ on sufficient satisfaction of sufficient cause.

A: appeal or application

B: appeal,suit and application

C: appeal, petition and counter petition

D: appeal, petition, suit, and counter petition

The answer is: A

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Explanation

The correct option is A: appeal or application.

Section 5 of the Limitation Act, 1963 enables the court to condone delay in filing **any appeal or any application**, other than an application under any of the provisions of Order XXI of the Code of Civil Procedure, 1908, if the appellant or the applicant satisfies the court that he had sufficient cause for not preferring the appeal or making the application within the prescribed period. The term 'sufficient cause' has not been defined in the Act, but it has been interpreted by the courts to mean a cause that is beyond the control of the party invoking the aid of this section.

The section does not apply to suits, petitions, counter petitions, or any other proceedings that are not appeals or applications.