Format for Section 5 Limitation Act Petition

Format for Section 5 Limitation Act Petition

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  • Section 5 of the Limitation Act, 1963 in India deals with the extension of the prescribed time limits for filing legal actions. It provides for situations in which the court may, in its discretion, allow a case to be filed after the expiration of the standard limitation period. Here's what Section 5 of the Limitation Act, 1963, states: "Extension of the 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 (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 making the application within such period." Key points to note about Section 5: 1. **Extension of Time**: Section 5 allows for the extension of the prescribed period (limitation period) for filing appeals or applications. This provision is applicable to various legal actions in civil and criminal matters. 2. **Sufficient Cause**: To get the benefit of an extension under Section 5, the appellant or applicant must establish that they had "sufficient cause" for not filing the appeal or application within the standard limitation period. What constitutes "sufficient cause" can vary from case to case and is determined by the court. 3. **Judicial Discretion**: The decision to grant an extension of time under Section 5 is at the discretion of the court. The court will examine the reasons presented by the appellant or applicant and determine if they constitute "sufficient cause." The court's decision is based on the facts and circumstances of each case. 4. **Exclusions**: Section 5 does not apply to applications under Order XXI of the Code of Civil Procedure, 1908, which deals with the execution of decrees and orders. Limitation for such applications is typically governed by other provisions of the Limitation Act. In summary, Section 5 of the Limitation Act, 1963, provides a means for parties to request an extension of the prescribed time limits for filing appeals or applications if they can demonstrate "sufficient cause" to the court's satisfaction. The court will then exercise its discretion in deciding whether to allow the case to proceed even after the standard limitation period has expired.
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