CS Executive · Jurisprudence, Interpretation and General Laws · Law relating to Limitation
Which of the following proceedings is outside the scope of Section 5 of the Limitation Act, 1963, so that delay cannot be condoned under it?
A suit filed after the prescribed period. Section 5 applies only to appeals and applications (other than Order XXI applications), so it cannot be used to condone delay in instituting a suit.
- AA first appeal filed after the prescribed period
- BA suit filed after the prescribed periodCorrect
- CAn application other than under Order XXI, filed late
- DAn appeal filed late after reliance on a High Court practice
Explanation
Section 5 speaks only of appeals and applications, and excludes applications under Order XXI of the Code of Civil Procedure. A suit is not covered, so a time-barred suit is dismissed under Section 3 unless saved by sections 4 to 24 on another basis.
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