Haryana Judicial Service (Civil Judge) Prelims 2010 Previous Year Question Papers with MCQ Answers

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119.

Condonation of delay under Section 5 of Limitation Act :

A: can be claimed as a matter of right
B: is a matter of discretion of the court
C: sufficient causes for the delay have to be shown
D: none of the above.

The answer is: C

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Explanation

The correct option is C: Sufficient causes for the delay have to be shown.

Explanation:

Section 5 of the Limitation Act in many legal systems allows for the condonation of delay, which means that if there is a delay in filing a legal action, the court may, in certain circumstances, condone or excuse the delay and allow the filing to proceed. However, this is not an absolute right, and the party seeking condonation must demonstrate sufficient reasons or causes for the delay.

Option A is incorrect because condonation of delay is not an automatic right; it depends on the circumstances and the reasons provided for the delay.

Option B is also incorrect because while the court has the discretion to condone the delay, it does not mean that it is solely a matter of the court's discretion. The party seeking condonation must still show sufficient causes for the delay.

Option C is correct because it accurately reflects that the party seeking condonation needs to present sufficient causes or reasons for the delay, and it is not an automatic right.

Therefore, the correct option is C.