Doctrine Of Sufficient Cause
This query is : Resolved
23 July 2010
Dear Sir
Plz. tell me about the Doctrine Of Sufficient Cause Under Sec 5 Of Limitation Act , 1963.
Plz. tell me about the Doctrine Of Sufficient Cause Under Sec 5 Of Limitation Act , 1963.
23 July 2010
Doctrine of Sufficient Cause for Extension of Time or Condonation of Delay [Section 5]
The general rule is that the suit, appeal or application must be made within the prescribed period of limitation.This general rule however have an exception which provides that the court may admit an application or appeal even after the expiry of prescribed period of limitation, if it is satisfied that the applicant or the appellant has been prevented by some sufficient cause, from not making the application or preferring the appeal within the prescribed period of limitation.
It may be noted that doctrine of sufficient cause is not applicable in the following cases:
Application made under any of the provisions of Order XXI of CPC, 1908 and
Suits.
The expression ‘sufficient cause’ had not been defined under the limitation Act, 1963. However, a cause in order to be sufficient cause must be a cause which is beyond the control of the party invoking this section.
For example, illness of the party, mistake of the counsel, mistake o law, and not ignorance of law, etc. are some of the instance of sufficient cause.
The burden to prove sufficient cause for delay in filling an application or appeal lies on the party applying for condonation of delay under section 5. However, it is the discretion of the court to grant extension of time or not.
The general rule is that the suit, appeal or application must be made within the prescribed period of limitation.This general rule however have an exception which provides that the court may admit an application or appeal even after the expiry of prescribed period of limitation, if it is satisfied that the applicant or the appellant has been prevented by some sufficient cause, from not making the application or preferring the appeal within the prescribed period of limitation.
It may be noted that doctrine of sufficient cause is not applicable in the following cases:
Application made under any of the provisions of Order XXI of CPC, 1908 and
Suits.
The expression ‘sufficient cause’ had not been defined under the limitation Act, 1963. However, a cause in order to be sufficient cause must be a cause which is beyond the control of the party invoking this section.
For example, illness of the party, mistake of the counsel, mistake o law, and not ignorance of law, etc. are some of the instance of sufficient cause.
The burden to prove sufficient cause for delay in filling an application or appeal lies on the party applying for condonation of delay under section 5. However, it is the discretion of the court to grant extension of time or not.
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