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CS Executive · Jurisprudence, Interpretation and General Laws · Law relating to Limitation

A special law prescribes a 60-day period for filing an appeal and does not expressly exclude Section 5. The appellant files on day 70 with sufficient cause. Under the Limitation Act, 1963, what is the correct position?

Section 5 applies. Under Section 29(2), sections 4 to 24 govern a special or local law's limitation period only so far as they are not expressly excluded by that law. As nothing excludes Section 5, sufficient cause can justify the delay.

  1. ASection 5 is inapplicable because every special law is outside the Act
  2. BSection 5 applies, since sections 4 to 24 apply to special laws unless expressly excludedCorrect
  3. COnly Section 4 applies to special laws, not Section 5
  4. DSection 5 applies only if the special law period is longer than the Schedule period

Explanation

Section 29(2) treats the special law period as if prescribed by the Schedule for Section 3 and applies sections 4 to 24 to the extent they are not expressly excluded by the special law. Section 5 falls in that range and is not excluded here, so the delay can be condoned for sufficient cause.

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