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--------------- Print Magazine --------------
 
  May 2016
 
  April 2016
 
 
 
 
Quick Referencer
for Judicial Service Aspirants
'Sufficient Cause'

Q. Can a court grant extension of period of limitation under section 5 on the ground of 'sufficient cause' in case of an application under Order XXI of the Code of Civil Procedure?

West Bengal Judicial Service Exam, 1998 (similar question).

Ans: No, a Court cannot grant extension of limitation period on the ground of sufficient cause in case of an application made under Order XXI of C.P.C. -Section 5 of the Limitation Act.

Reasons: This question is based on section 5 of the Limitation Act which deals with the provisions of "Extension of prescribed period in certain cases". The relevant section speaks-"Any appeal or any application other than an application under any of the provisions of Order XXI of the Code of Civil Procedure, 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."

Thus, it is clear from the language of section 5 of the Limitation Act that in case of an application made under any of the provisions under Order XXI of the Civil Procedure Code, the court cannot grant extension of the period of limitation prescribed by the Limitation Act even on the ground of sufficient cause.

Note: In West Bengal Judicial service Exam., a similar question was asked in following words:

"Discuss the principles relating to granting extension of period of limitation by the court in case of appeal or any application under any of the provisions of Order XXI of the Code of Civil Procedure, 1908".

Source: Kishor Prasad, Problems and Solutions on Civil Law

 
 
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