Sections 4 and 5 of the Limitation Act 1963: Court Closure and Extension of Time
Sections 4 and 5 of the Limitation Act, 1963 deal with two important situations affecting limitation. Section 4 protects a litigant when the prescribed period expires while the court is closed, while Section 5 permits delayed appeals and specified applications to be admitted where sufficient cause for the delay is shown.
Section 4: Expiry of Prescribed Period When Court is Closed
Where 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 is deemed to be closed for the purpose of Section 4 on any day if, during any part of its normal working hours, it remains closed on that day.
Meaning and Effect of Section 4
Section 4 applies when the last day of the prescribed limitation period falls on a day on which the court is closed. In that situation, the proceeding may be filed when the court reopens. The provision applies to a suit, an appeal and an application.
- The prescribed limitation period must expire on a day when the court is closed.
- The proceeding may then be instituted, preferred or made on the day the court reopens.
- The Explanation treats the court as closed even where it remains closed during only part of its normal working hours.
Section 5: Extension of Prescribed Period in Certain Cases
Section 5 provides that an appeal or an application, other than an application under any provision of Order XXI of the Code of Civil Procedure, 1908, may be admitted after the prescribed period if the appellant or applicant satisfies the court that there was sufficient cause for not preferring the appeal or making the application within that period.
Explanation: If the appellant or applicant was misled by an order, practice or judgment of the High Court while ascertaining or computing the prescribed period, that circumstance may constitute sufficient cause within the meaning of Section 5.
What Does "Sufficient Cause" Mean?
The expression "sufficient cause" is not exhaustively defined in Section 5. The party seeking admission of a delayed appeal or application must satisfy the court that sufficient cause prevented filing within the prescribed period. Whether the explanation is sufficient depends on the facts and circumstances placed before the court and the applicable law.
Proceedings Covered by Section 5
- Appeals: Section 5 may permit an appeal to be admitted after the prescribed period where sufficient cause is established.
- Applications: It also applies to applications, except applications under the provisions of Order XXI of the Code of Civil Procedure, 1908.
- Suits: Section 5 does not state that a suit may be admitted after limitation on the ground of sufficient cause.
Order XXI CPC Exclusion
Section 5 expressly excludes applications made under the provisions of Order XXI of the Code of Civil Procedure, 1908. Order XXI deals with execution of decrees and orders. The statutory exclusion should therefore be considered whenever condonation of delay is sought in an execution-related application governed by Order XXI.
Difference Between Section 4 and Section 5
Section 4: operates where the prescribed period expires on a day when the court is closed and permits filing when the court reopens.
Section 5: permits a delayed appeal or eligible application to be admitted where the court is satisfied that sufficient cause existed for the delay.
Judicial Note on Condonation of Delay
The earlier page referred to Warlu v. Gangotribai, AIR 1994 SC 466, in the context of an application that did not disclose a cogent ground capable of constituting sufficient cause for an inordinate delay in filing special leave petitions. The principle relevant to Section 5 is that the party seeking condonation must place sufficient cause before the court; the result depends on the explanation and circumstances of the particular case.
Relationship with Section 3
Section 3 requires dismissal of suits, appeals and applications instituted, preferred or made after the prescribed period, but expressly makes that rule subject to Sections 4 to 24. Sections 4 and 5 therefore form part of the statutory framework that must be considered before deciding whether a proceeding is barred by limitation.