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

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