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What is Expiry of prescribed period when court is closed? What is Extension of prescribed period in certain cases? Section 4 and 5 of Limitation Act 1963

 
 

Expiry of prescribed period when court is closed and Extension of prescribed period in certain cases are defined under section 4 and 5 of Limitation Act 1963. Provisions under these sections are:

Section 4 of Limitation Act "Expiry of prescribed period when court is closed"

When the prescribed period for any suit, appeal or application expires on a day when the court is closed, the suit, appeal or application may be instituted, preferred or made on the day when the court reopens.
Explanation - A court shall be deemed to be closed on any day within the meaning of this section if during any part of its normal working hours it remains closed on that day.

 
  Section 5 of Limitation Act "Extension of prescribed period in certain cases"

Any appeal or any application, other than an application under any of the provisions of Order XXI of the Code of Civil Procedure, 1908 (5 of 1908) may be admitted after the prescribed period, if the appellant or the applicant satisfies the court that he had sufficient cause for not preferring the appeal or making the application within such period.

Explanation - The fact that the appellant or the applicant was misled by any order, practice or judgment of the High Court in ascertaining or computing the prescribed period may be sufficient cause within the meaning of this section.

Comment: "We do not find any cogent ground given in the application for condonation of delay which in law can constitute sufficient cause to explain the inordinate delay in filing of the special leave petitions." Warlu, Appellant v. Gangotribai AIR 1994 SUPREME COURT 466

 

Limitation Act 1963

What are the Definitions under Limitation Act 1963? Section 2 of Limitation Act 1963

What is Bar of limitation? Section 3 of Limitation Act 1963

What is Expiry of prescribed period when court is closed? What is Extension of prescribed period in certain cases? Section 4 and 5 of Limitation Act 1963

What is Legal disability? What is Disability of one of several persons? Section 6 and 7 of Limitation Act 1963

What is Special exceptions? What is Continuous running of time? What is Suits against trustees and their representatives? Section 8, 9 and 10 of Limitation Act 1963

What is Suits on contracts entered into outside the territories to which the Act extends? What is Exclusion of time in legal proceedings? Section 11 and 12 of Limitation Act 1963

What is  Exclusion of time in cases where leave to sue or appeal as a pauper is applied for? What is Exclusion of time of proceeding bona fide in court without jurisdiction? Section 13 and 14 of Limitation Act 1963

What is Exclusion of time in certain other cases? What is Effect of death on or before the accrual of the right to sue? Section 15 and 16 of Limitation Act 1963

 

 

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