AI Overview...
- Section 5 of Limitation Act - Application not Filed
Main points: - In cases like ex-parte decrees, applications under Sec. 5 are not always necessary if other procedural requirements (e.g., proper service of summons) are met.
- For legal proceedings involving legal representatives or appeals, failure to file an application under Sec. 5 can affect the maintainability or efficacy of the action or decree.
- Certain courts have held that Sec. 5 does not apply to specific types of appeals or suits, such as those under Sec. 106 of the Bihar Tenancy Act or Sec. 15 of the Karnataka Motor Vehicles Taxation Act.
- Delay in filing applications or appeals beyond the prescribed limitation period often requires condonation, which is discretionary and depends on the reasons provided.
-
In some instances, failure to file Sec. 5 application or delay without sufficient cause leads to rejection or dismissal of petitions or appeals.
-
Legal Proceedings and Limitation
- Applications filed after the limitation period, even with condonation, may be dismissed if reasons are insufficient (e.g., Rajasthan Land Revenue Act, Rajasthan Tenancy Act, Bihar Panchayat Election Rules).
- Courts have emphasized that Sec. 5 is not universally applicable across all proceedings; its applicability depends on the specific statute and context.
-
In appeals under civil procedure, delays not condoned can result in rejection, but procedural rules (like Order 41 Rule 3-A) may allow for hearing even if delay occurs, provided defect removal is possible.
-
Analysis and Conclusion
- Sec. 5 of the Limitation Act primarily provides for condonation of delay but is not applicable to all types of suits, appeals, or applications automatically.
- Its application is context-specific, and failure to file a Sec. 5 application or delays beyond limitation can lead to dismissal or rejection, unless properly condoned with sufficient reasons.
- Courts generally exercise discretion based on the facts, reasons for delay, and the nature of the proceeding.
- Proper service, procedural compliance, and timely filing are crucial; otherwise, the benefit of Sec. 5 may be lost, affecting the viability of legal remedies.
References:
- Gurubux Singh VS State of Raj. - Rajasthan, Noor Mohammed VS Gulam Rasool through L. Rs. (17) - Rajasthan, Tilkeshwar Singh Alias Tilkeshwar Prasad Singh VS State Of Bihar - Patna, State of Raj. VS Gokalram - Rajasthan, Jagdish VS Rampyari - Rajasthan, R. T. CHINNAVENKATESH VS SENIOR RTO, MYSORE - Karnataka, Ramnandan Rai VS District Judge, Sitamarhi - Patna, State of M. P. VS Pradeep Kumar - Rajasthan, Banwari VS Madanmohan - Rajasthan, Aligarh Muslim University (The) VS Syed Mohammad Sayeed Chishty - Rajasthan
Search Results for "Sec 5 Limitation Act Not Filed"
2001 0 Supreme(Raj) 1037 • India - Rajasthan
H.S.PUNIA
but application u/Sec.5 Limitation Act not filed – In ex-parte decree the period of limitation for filing application under Order ... C.P.C., Order 5 Rule 17 & 20, Order 9 Rule 13 and Limitation Act, Sec.5 – Summons not properly served upon defendants, personally ... no need for submitting a separate application u/Sec.5 of the....
1992 0 Supreme(Raj) 347 • India - Rajasthan
N.K.JAIN
(a) C.P.C, Order 22, R. 4 and Limitation Act, Sec. 5-Application —not filed—If the legal representatives are necessary party or in ... their absence no effective decree can be passed or in their absence any decree is passed can not be executed effectively or there ... ) C.P.C, Order 22, R. 4—If one of the legal representative is already on record even if in a different capacity the appeal does not ... period of limitation then it mu....
2004 0 Supreme(Pat) 312 • India - Patna
NAGENDRA RAI, R.S.GARG
The petitioner argued that Sec. 5 of the Limitation Act does not apply to suits filed under Sec. 106, while the respondents contended ... Limitation Act - Bihar Tenancy Act - Sec. 106 - Sec. 5 of the Limitation Act - Secs. 184 and 185 of the Act Fact of the ... Limitation Act#HL_EN....
2001 0 Supreme(Raj) 1296 • India - Rajasthan
B.B.MOHANTY
Rajasthan Land Revenue Act, 1956, Sec. 84 and Limitation Act, Sec. 5 – Revision filed after 13 months – Period of limitation is 90 ... days – Reasons not sufficient for condoning the delay. ... (Para 5) ... Revision dismissed. ... Mangi Lal (3) : In this case, it has been held that "limitation Act 1963, Section 5- Appeal of the State, barred by limitat....
2006 0 Supreme(Raj) 124 • India - Rajasthan
KAMAL NAYAN SHRIMAL
u/Sec. 5 Limitation Act filed along with the review petition — Advocate for non-petitioner not appeared before Court — Held — Law ... Rajasthan Tenancy Act, 1955, Sec. 229 and Limitation Act, 1963, Sec. 5 — Maintainability of time barred review petition — Application ... of limitation on equitable grounds. ... Though the condonation of delay is a matter of discr....
1975 0 Supreme(Kar) 104 • India - Karnataka
VENKATACHALAIAH
Finding of the Court: The Court held that S. 5 of the Limitation Act is not applicable to appeals filed under Sec. ... Final Decision: The Court held that S. 5 of the Limitation Act is not applicable to appeals filed under Sec. 15 of the Karnataka ... Limitation Act - Applicability to Appeals under Karnataka Motor Vehicles Taxation #HL_START....
1980 0 Supreme(Pat) 59 • India - Patna
NAGENDRA PRASAD SINGH
Bihar Panchayat Election Rules, 1959, Rr. 72 (2), (3) & 77-Limitation Act Sec. 5-Election petition filed beyond the time prescribed-Section ... 5 of Limitation not applicable-Petition has to be rejected. ... of Sec. 5 of the Limitation Act. ... petition, which has been filed beyond time, has to be dismissed in mine and S.5 or other Sections of ....
2000 0 Supreme(Raj) 683 • India - Rajasthan
K.T.THOMAS, R.P.SETHI
C.P.C., Order 41 Rule 3-A and Limitation Act, Sec. 5 – Second appeal – Appeal filed after the expiry of Limitation period, not accompanied ... removing the defect – Rule 3-A nowhere requires the court to reject the appeal then and there at the threshold – Such appeal can not ... be dismissed even if an application for condonation of delay has been filed later on. ... There was some delay in filing the said second appeal, but when it....
2004 0 Supreme(Raj) 2 • India - Rajasthan
M.L.JAIN
filed after 16 months – Application u/Sec. 5 of Limitation Act filed after two months of filing copy of original decree – Held – ... Rajasthan Tenancy Act, Sec. 223; Revenue Court Manual, Part II Rule 30; Limitation Act, 1963, Sec. 5 – Condonation of delay in filing ... copy of decree – Copy of decree of original Court not filed along with the ....
2007 0 Supreme(Raj) 722 • India - Rajasthan
R.M.LODHA, R.S.CHAUHAN
(Paras 39 to 42)(b) C.P.C., Order 42 Rule 22 and Limitation Act, 1963, Sec. 5 – Cross objection – Limitation – Filed 10 years after ... service of notice – Application u/S. 5 of Limitation Act not filed for condonation of delay – Maintainability – Held – The limitation ... (a) Wakf Act, 1954, Sec. 3, 6(4) – Wakf – Scope and ambit – Held – Wakf ....
Filter by Legal Phrase
