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The law (Sections 5 of the Limitation Act and relevant procedural rules) does not mandate that the condonation application must be filed simultaneously with the appeal memorandum; it can be filed subsequently, and courts often permit this to ensure justice ["Sanjeev Anthal VS J&K Special Tribunal Jammu - J&K"] ["Sabuddin, S/o Late Sh. Allanoor vs Giriraj, S/o. Kalu - Rajasthan"].
Analysis and Conclusion:
References:- ["Sanjeev Anthal VS J&K Special Tribunal Jammu - J&K"]- ["Sabuddin, S/o Late Sh. Allanoor vs Giriraj, S/o. Kalu - Rajasthan"]- ["Sammohit @ Sammohit vs Raju Kumar Patel - Allahabad"]
In the intricate world of civil litigation in India, time is of the essence—especially when it comes to filing appeals. Missing the limitation period can spell disaster for a litigant's case. But what happens if you file the appeal memorandum first and then seek condonation of delay later? A common query arises: can application for limitation be filed separately after filing of appeal memorandum?
This question touches on procedural flexibility under the Code of Civil Procedure (CPC), balancing strict timelines with the pursuit of justice. In this post, we explore the legal framework, key judgments, and practical guidance. Note: This is general information based on judicial precedents and should not be taken as specific legal advice. Consult a qualified lawyer for your case.
Condonation of delay refers to a court's power to excuse a late filing of an appeal if the appellant shows 'sufficient cause' for the delay. Governed primarily by Section 5 of the Limitation Act, 1963, and Order XLI Rule 3A of the CPC, it prevents technicalities from derailing substantive justice.
Order XLI Rule 3A states that when an appeal is presented after the limitation period, it must be accompanied by an application supported by an affidavit explaining the delay. However, courts have clarified that this is not an ironclad rule. Shankar Ram Ravidas VS Shyam Nandan Sahay - 2013 0 Supreme(Jhk) 1233
The short answer is yes, an application for condonation of delay (often called an 'application for limitation') can be filed separately after the appeal memorandum. This is not only permissible but a common practice, either as a standalone application or incorporated within the appeal itself, backed by an affidavit. Shankar Ram Ravidas VS Shyam Nandan Sahay - 2013 0 Supreme(Jhk) 1233BITHIKA MAZUMDAR VS SAGAR PAL - 2017 2 Supreme 319
Courts emphasize flexibility: The deficiency is a curable defect, and if the required application is filed subsequently the appeal can be treated as presented in accordance with the requirement contained in Rule 3A order 41 of the Code. Shankar Ram Ravidas VS Shyam Nandan Sahay - 2013 0 Supreme(Jhk) 1233
Key points include:- Filing a separate application is not mandatory; it can be part of the appeal memorandum. Shankar Ram Ravidas VS Shyam Nandan Sahay - 2013 0 Supreme(Jhk) 1233BITHIKA MAZUMDAR VS SAGAR PAL - 2017 2 Supreme 319- Courts have discretion to condone delay even if filed later, if supported by affidavits or records. BITHIKA MAZUMDAR VS SAGAR PAL - 2017 2 Supreme 319- The goal is to establish 'sufficient cause,' not rigid form. Shankar Ram Ravidas VS Shyam Nandan Sahay - 2013 0 Supreme(Jhk) 1233
Order XLI Rule 3A explicitly addresses delayed appeals: When an appeal is presented after the prescribed period shall be accompanied by an application supported by affidavit setting forth the facts on which the appellant relies to satisfy the court that he had sufficient cause for not preferring the appeal within such period.
Yet, judicial interpretations relax the 'accompanied by' requirement. The provision aims to facilitate examination of delay reasons, achievable whether filed together or separately. Shankar Ram Ravidas VS Shyam Nandan Sahay - 2013 0 Supreme(Jhk) 1233
In a pivotal ruling, the court held: The application for condonation of delay can be filed either as a separate document or incorporated into the appeal memorandum itself, supported by an affidavit. This procedural leeway ensures justice isn't thwarted by minor lapses. Shankar Ram Ravidas VS Shyam Nandan Sahay - 2013 0 Supreme(Jhk) 1233
Another judgment reinforces: Filing of a separate application for condonation of delay is not mandatory; it can be incorporated within the appeal itself. BITHIKA MAZUMDAR VS SAGAR PAL - 2017 2 Supreme 319
Deficiencies like missing initial affidavits don't automatically reject appeals. Non-filing of application for condonation of delay alongwith appeal when appeal is presented after expiry of prescribed period of limitation, would not result in rejection of appeal. Jagdish and Another v. Mukund Kumari and Another - 2016 Supreme(Online)(Chh) 205 The court set aside a dismissal, directing decision on the delay application within 30 days, noting such defects are curable per Supreme Court precedents.
In cases involving government delays due to 'official red-tapism,' courts adopt a justice-oriented view. In such cases of official lethargy... the Court is required to take liberal, justice oriented approach. Delay was condoned despite three months' lapse, as no specific fault was pinpointed. Economic Offences Unit Through the Superintendent of Police, Bihar VS Aruna Kumari - 2025 Supreme(Pat) 118
Other cases highlight broader limitation principles:- Limitation from Decree Date: Appeals run from the decree, not judgment date. The limitation period for filing an appeal against a decree is ninety days from the date of the decree, not the judgment. Bajrangi Kumar Singh VS Sheo Lal Sao - 2024 Supreme(Pat) 987- Section 14 Exclusion: Time spent in bona fide prior proceedings can be excluded. Principles advance justice, even for quasi-judicial forums. M. P. STEEL CORPORATION VS COMMISSIONER OF CENTRAL EXCISE - 2015 4 Supreme 1- No Automatic Rejection: Even without initial condonation, appeals aren't non est until the application is decided. PREM WATI VS MUNNI DEVI @ MINAKSHI - 2008 Supreme(All) 2707
However, late applications like framing limitation issues post-2015 appeal were scrutinized for delay tactics. Latif Karim Sahab Shaikh VS Md. Yusuf Karimsahab Shaikh - 2022 Supreme(Bom) 1724
This flexibility reduces administrative hurdles:- Incorporate in Memorandum: Best practice—include delay grounds with affidavit in the appeal to streamline. Shankar Ram Ravidas VS Shyam Nandan Sahay - 2013 0 Supreme(Jhk) 1233- Separate Filing: Viable if needed later, but support robustly to avoid scrutiny.- Affidavit Essential: Always detail 'sufficient cause'—e.g., illness, misinformation—with evidence.
In government or complex cases, highlight institutional delays for leniency. Economic Offences Unit Through the Superintendent of Police, Bihar VS Aruna Kumari - 2025 Supreme(Pat) 118
Flexibility isn't absolute:- Insufficient Grounds: Unreasonable delays without proof lead to refusal, regardless of filing mode. Girja Singh VS Maya Choubey - Current Civil Cases (2019)Raj Dev VS Basdev - 2016 Supreme(All) 3470- Public Policy: Strict adherence to limitation underscores finality; weak excuses (e.g., wrong advice leading to late review) fail. Raj Dev VS Basdev - 2016 Supreme(All) 3470- Timing Scrutiny: Very late applications may invite questions of diligence. Courts may dismiss if seen as stalling, as in additional issue framing. Latif Karim Sahab Shaikh VS Md. Yusuf Karimsahab Shaikh - 2022 Supreme(Bom) 1724
Under CPC and judicial wisdom, you can file a condonation of delay application separately after the appeal memorandum. Rulings like Shankar Ram Ravidas VS Shyam Nandan Sahay - 2013 0 Supreme(Jhk) 1233 and BITHIKA MAZUMDAR VS SAGAR PAL - 2017 2 Supreme 319 affirm this, promoting access to justice. Yet, success hinges on strong 'sufficient cause.'
Key Takeaways:- Not mandatory to file with memorandum—separate or integrated works.- Defects are curable; appeals rarely rejected outright. Jagdish and Another v. Mukund Kumari and Another - 2016 Supreme(Online)(Chh) 205- Liberal for genuine delays, strict for negligence.
Stay proactive with timelines. For tailored advice, engage a legal expert. References include Shankar Ram Ravidas VS Shyam Nandan Sahay - 2013 0 Supreme(Jhk) 1233, BITHIKA MAZUMDAR VS SAGAR PAL - 2017 2 Supreme 319, and others noted.
#DelayCondonation #CPCAppeals #LegalInsights
It is sufficient if the appellant, in the memo of appeal, gives sufficient reasons for delayed filing of the appeal and a formal application to be made separately to seek condonation of delay may not be mandatory. ... From a reading of Section 5 of the Limitation Act, one would not find any requirement of filing a separate application seeking condonation of delay in filing an appeal/ application. ....
If the memorandum of appeal is filed in such appeal without accompanying the application to condone delay the consequence cannot be fatal. The court can regard in such a case that there was no valid presentation of the appeal. ... If an appeal is filed beyond the prescribed time, the first question to be decided is as to whether the appeal is within the prescribed period of limitation and if not, whether the #HL_ST....
2015 (1) SCC 680 holding that non - filing of application for condonation of delay alongwith appeal when appeal is presented after expiry of prescribed period of limitation, would not result in rejection of appeal. ... As stated above, the appeal was filed after period of limitation along with application for condonation of delay; and it appears from the record that the said application was duly s....
Thereafter, on an objection being taken by the petitioner that appeal filed by the respondent was beyond time, the respondent filed an application under Section 5 of the LIMITATION ACT for condoning the delay in filing the appeal on 23.09.2024. ... It has been further contended that subsequent to the filing of the appeal, an application cannot be filed for condoning the delay, it has to be #HL_STA....
The application for framing of additional issue with regard to limitation came to be filed only on 23.03.2022 in appeal which has been pending since the year 2015. ... The Appellate Court has already observed that the appeal had been fixed for final hearing with the consent of advocates of both the parties. The Appellate Court has accused petitioner of filing the application for framing of additional issue with an intention to delay decision of the appeal#HL....
Petition No.3 of 1960, a review application filed by the respondent and so he has come forward with the present application on 7-6-1960 within 30 days from the date of his knowledge and that the delay in filing the petition under Art.168 of the Limitation Act should therefore be condoned under S.5 of ... Hence the application to set aside the dismissal of the appeal will clearly come under Art.168 of the Limitation Act and it has to be file....
Whether the filing of the memorandum of appeal on the prescribed form and in triplicate is mandatory or is mere matter of procedure not affecting limitation ? ... 2. Whether on the facts and circumstances of this case, the appeal to the Tribunal was barred by limitation ? ... 3. ... In view of our answer to question No. 2 to the effect that the appeal of the assesses was not barred by limitation, no occasion arises of examining the other two question....
the appeal filed by the plaintiffs in O.S. ... Admittedly the plaintiffs filed the memorandum of appeal in the High Court against the Judgment and decree p style= ... is barred by limitation.
and not in respect of the judgment, though the judgment’s copy is required to be filed with the memorandum of appeal. ... filing an appeal against the decree is ninety days and the same starts from the date of the decree and the appellant has filed this appeal within ninety days from the date of the decree which is under challenge. ... In the present matter, the decree was prepared on 19.07.2022 and the instant appeal was filed on 0....
This provision has no relevance nor can control the provisions of limitation which are contained separately under the Limitation Act, 1963. ... the appeal is barred by limitation. ... So far as the printed copy of the judgment filed with the memorandum of appeal it does not contain the necessary particulars regarding the person who made the application, the date of application, the date of issue, the date notified ....
The Memorandum of Appeal along with the limitation petition was sent to the department on 6th of May, 2019 and after getting the approval of the department, the Memorandum of Appeal as well as the application under Section 5 of the Limitation Act was filed on 7th of August, 2019. 9. The lower court record of the instant appeal shows that the impugned judgment of acquittal was passed on 25th of February, 2019. The application for obtaining certified copy was made on 16th of March, 2019. The certified copy was provided to the appellant on 4th of April, 2019. It is true that t....
Later on, on advice of his counsel or for any other reason, he had preferred review petition beyond period of limitation, along with application for condonation of delay in moving the same; and said application was rejected. Then present memorandum of second appeal was filed which is beyond more than two years after lapse of period of limitation.
The limitation for filing an appeal is prescribed separately under Section 16. The second is a period of limitation prescribed under Section 15(3). Persons whose claims are already pending before LoEA, need not be afraid of the prescription of a limitation in the National Green Tribunal Act, 2010. The claims now pending before LoEA, if transferred to the National Green Tribunal, cannot at all be dismissed on the ground of limitation, since those claims had been entertained by LoEA.
Certainly the time requisite for obtaining the certified copies under Section 12 of the Limitation Act would be included within the meaning of the section. But if the appeal be filed earlier, the time from the date of the order impugned upto the actual date of filing of the appeal would certainly be the time during which the plaintiff can be said to be prosecuting another civil proceeding in a court of appeal. Also the limitation prescribed for the filing of an appeal would be included, if the appeal be filed on the last day of limitation. We are unable to endorse the view ....
In that event, the question of rejecting a memorandum of appeal does not arise at all at this stage.” “It seems to us that when an appeal is barred by limitation and an application is made under Section 5 of the Limitation Act for condonation of the delay alongwith the memorandum of appeal, until the application under Section 5 is allowed the appeal cannot be filed or admitted at all. In other words, till a favourable order is made on the application under Section 5 the appeal is non est.
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