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Jurisprudence, Interpretation and General Laws · Law relating to Limitation

Extension and Condonation of Delay under Sections 4 and 5 of the Limitation Act

Updated 11 October 2026 · Fact-checked

Section 4 lets you file on the day the court re-opens if the last day of the period falls on a day the court is closed. Section 5 lets a court admit a late appeal or application if you show sufficient cause for the delay. Section 5 does not apply to suits.

Understand Extension and Condonation of Delay (Sections 4-5)

The Limitation Act, 1963 sets time limits. Under Section 3(1), a suit, appeal or application filed after the prescribed period must be dismissed, even if the other side never raised limitation. Sections 4 and 5 soften this strict rule in two different ways.

Section 4 deals with a closed court. If the last day of the period falls on a day when the court is closed, you can file on the day the court re-opens. The law does not expect you to file in a closed court. The Explanation says a court is deemed closed if it remains closed during any part of its normal working hours on that day. So a half-day closure also counts.

Section 5 deals with delay for a genuine reason. An appeal or an application may be admitted after the prescribed period if you satisfy the court that you had sufficient cause for not filing within time. The court has a discretion. It is not bound to condone the delay. You must explain the delay and ask for condonation.

Section 5 has limits. It covers only appeals and applications. It does not cover suits. It also excludes applications under any of the provisions of Order XXI of the Code of Civil Procedure, 1908, which deals with execution of decrees. The Explanation adds that being misled by an order, practice or judgment of the High Court in working out the period may be sufficient cause.

Keep the difference clear. Section 4 is a right: the extension follows automatically from the closure. Section 5 is a discretion: the court decides after hearing your reasons.

Key rules to remember

Section 4: court closed on last day
Last day of prescribed period falls on a day the court is closed → suit, appeal or application may be filed on the day the court re-opens
Applies to suits, appeals and applications. It is not a discretion; no explanation of cause is needed.
Section 4 Explanation: meaning of closed
Court deemed closed if it is closed during any part of its normal working hours on that day
Even partial closure during normal working hours counts.
Section 5: condonation of delay
Appeal or application may be admitted after the prescribed period if the appellant or applicant satisfies the court of sufficient cause for not filing within the period
Applies only to appeals and applications. Court has discretion.
Section 5: exclusions
Not available for suits; not available for applications under any provision of Order XXI of the CPC, 1908
Order XXI covers execution of decrees.
Section 5 Explanation
Being misled by an order, practice or judgment of the High Court in ascertaining or computing the period may be sufficient cause
The word is 'may'. It is not automatic.

How to solve Extension and Condonation of Delay (Sections 4-5) questions

Use this method for any problem on extension of the period or delay in filing.

  1. 1Identify what is being filed: a suit, an appeal or an application. This decides whether Section 5 can apply at all.
  2. 2Work out the last day of the prescribed period. Remember that Section 12(1) excludes the day from which the period is reckoned.
  3. 3Check whether the last day was a day the court was closed, even for part of its normal working hours. If yes, apply Section 4 and allow filing on the re-opening day.
  4. 4If filing is still late, check if Section 5 is open: it must be an appeal or application, and not an Order XXI application.
  5. 5If Section 5 is open, ask whether there is a sufficient cause for the delay, such as illness, or being misled by a High Court practice. Note that the court has discretion.
  6. 6State that the applicant must satisfy the court, normally by explaining the delay in an application for condonation.
  7. 7If the filing is a suit, or an Order XXI application, state that Section 5 gives no relief. Mention other possible relief, such as Section 14, only if the facts suggest it.
  8. 8Write a clear conclusion: whether it is in time, or whether it is dismissed under Section 3(1), or whether delay may be condoned.

Quickest way: Three-question check

When to use it: Use this when you have a short problem and little time.

  1. Q1: Is it a suit? If yes, only Section 4 can help. Section 5 cannot.
  2. Q2: Was the court closed on the last day? If yes, Section 4: file on the re-opening day.
  3. Q3: Is it an appeal or application, other than Order XXI, and is there a real reason for delay? If yes, Section 5: apply for condonation, court decides on sufficient cause.
  4. Finish with the conclusion and cite Section 3(1) if neither section helps.

Common mistakes in Extension and Condonation of Delay (Sections 4-5)

  • Applying Section 5 to a suit.

    Students remember 'condonation of delay' as a general relief.

    Fix: Section 5 speaks only of appeals and applications. For a late suit, Section 5 is unavailable.

  • Saying delay is condoned as of right once a reason is given.

    The phrase 'sufficient cause' sounds like a guaranteed remedy.

    Fix: The court 'may' admit the appeal or application. The applicant must satisfy the court, and the court exercises discretion.

  • Treating Section 4 as needing a reason or an application for condonation.

    Students mix it up with Section 5.

    Fix: Section 4 applies automatically if the court was closed on the last day. You simply file on the day it re-opens.

  • Ignoring part-day closure under the Explanation to Section 4.

    Students think a court is closed only for the whole day.

    Fix: A court is deemed closed if it is closed during any part of its normal working hours.

  • Forgetting that Order XXI applications are excluded from Section 5.

    The exclusion sits in a short phrase of the section and is easy to skip.

    Fix: Apply a quick test: is it an execution application under the CPC Order XXI? If yes, no condonation under Section 5.

  • Using Section 4 when the court was open but you were late for personal reasons.

    Students think any hardship on the last day extends the period.

    Fix: Section 4 needs the court to be closed. Personal reasons go to Section 5, and only for appeals and applications.

Worked examples

Example 1

The period of limitation for filing a suit by Meera Traders against Kapoor Industries ends on a Sunday, when the court is closed. Meera Traders files the plaint on Monday, when the court re-opens. The defendant says the suit is barred. Decide.

Show the solution
  1. Provision: Section 3(1) bars a suit filed after the prescribed period. Section 4 provides relief where the period expires on a day the court is closed.
  2. Facts: The last day fell on a Sunday and the court was closed. The plaint was filed on the next day the court re-opened.
  3. Analysis: Under Section 4, a suit may be instituted on the day the court re-opens. No sufficient cause needs to be shown, because Section 4 is not discretionary.
  4. Under Section 3(2)(a)(i), a suit is instituted when the plaint is presented to the proper officer, so filing on Monday counts.

Answer: The suit is within time under Section 4 and is not barred. The defendant's objection fails.

Example 2

Rohan Enterprises files an appeal 20 days after the prescribed period ended. It says its managing director was seriously ill throughout that time. Another party, Sundar & Co, files a suit 20 days late for the same reason. Can either seek relief under Section 5?

Show the solution
  1. Provision: Section 5 allows an appeal or an application to be admitted after the prescribed period if the appellant or applicant satisfies the court that there was sufficient cause for the delay. Under Section 3(1), a late filing is otherwise dismissed.
  2. Rohan Enterprises: This is an appeal, so Section 5 is available. It should file an application for condonation, explaining the illness and the delay. The court has discretion and will decide whether the cause is sufficient.
  3. Sundar & Co: This is a suit. Section 5 mentions only appeals and applications, so it cannot be used for a suit. Section 4 does not help either, as the court was not shown to be closed on the last day.
  4. Conclusion for each, separately.

Answer: Rohan Enterprises may apply under Section 5, and the appeal may be admitted if the court finds the cause sufficient; this is a matter of discretion. Sundar & Co cannot use Section 5, so its suit is liable to be dismissed under Section 3(1).

Exam tips

  • Always start with the type of proceeding. Examiners often test whether you notice that Section 5 excludes suits.
  • Write the exact words 'sufficient cause' and 'may be admitted'. They show the discretion.
  • Mention the Order XXI exclusion by name. It is a favourite short-note point.
  • For Section 4, use the phrase 'on the day when the court re-opens' and quote the Explanation about normal working hours.
  • Close every answer with a clear conclusion, citing Section 3(1) where the filing fails.

Practice questions from Law relating to Limitation

Extension and Condonation of Delay (Sections 4-5) in other exams

The same ground in other exams, if you are preparing for more than one or want another angle on it.

Extension and Condonation of Delay (Sections 4-5): frequently asked questions

Does Section 5 of the Limitation Act apply to suits?

No. Section 5 applies only to appeals and applications. A late suit cannot be saved by condonation under this section.

What is sufficient cause under Section 5?

The Act does not define it. The applicant must satisfy the court that there was a good reason for the delay. The Explanation says that being misled by a High Court order, practice or judgment in computing the period may be sufficient cause.

How do I get delay condoned in an appeal or application?

You file the appeal or application with a separate application asking the court to condone the delay. You explain the reasons for the delay and the court decides whether the cause is sufficient.

What happens if the last day of limitation is a court holiday?

Under Section 4, you may file on the day the court re-opens. The court is deemed closed if it stays closed during any part of its normal working hours on that day.