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

Meera Traders files an application on a day after the prescribed period has ended. She asks the court to admit it under Section 5 of the Limitation Act, 1963. What must she establish?

She must satisfy the court that she had sufficient cause for not making the application within the prescribed period. Section 5 allows late admission of appeals and applications on that ground; it does not depend on a fixed number of days or on the court being closed.

  1. AThat the opposite party has not raised limitation as a defence
  2. BThat she had sufficient cause for not making the application within the prescribed periodCorrect
  3. CThat the delay is less than thirty days
  4. DThat the court was closed on the last day of the period

Explanation

Section 5 permits admission of an appeal or application after the prescribed period if the applicant satisfies the court that there was sufficient cause for not filing within time. The closure of the court is the subject of Section 4, not Section 5, and no fixed delay limit appears in Section 5.

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