A Court may grant extension of period of limitation in the following classes of proceedings and no others:
(1) Appeals, (2) applications other than applications under Order 21, Civil Procedure Code relating to execution.
For obtaining an extension under section 5 the appellant or the applicant must satisfy the Court that he had sufficient cause for not preferring the appeal or making the application within the prescribed period.
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ADVERTISEMENTS:
What is a sufficient cause” has no where been defined in the Limitation Act except that the Explanation indicates what shall be the sufficient cause in the case of an appellant, or who was misled by any order, practice or judgment of the High Court in ascertaining or computing the prescribed period. But it has been held that sufficient cause must mean a cause which was beyond the control of the party invoking the aid of Section 5.
A cause for delay which by due care and attention a party could have avoided cannot be a sufficient cause. However the expression ‘sufficient’ cause’ should receive a liberal construction so as to advance substantial justice when no negligence nor inaction nor want of bona fide is imputable to the appellant or applicant.
The extension of time cannot be obtained for filing a suit as Section 5 does not apply suits. The reason is that the period of limitation allowed in most of the suits extends from three to twelve years, whereas in appeal and applications, it does not exceed six months.
ADVERTISEMENTS:
Therefore it is necessary that some concession should be made in respect of these appeals and applications, to provide for circumstances which hinder a person from filing his appeal or application within the short period of time allowed.