Limitation Act, 1963 — Section 5 — Extension of period of limitation in certain circumstances

 Limitation Act, 1963 — Section 5 — Extension of period of limitation in certain circumstances — Courts may liberally condone delays in appeals, especially by the State, if “sufficient cause” is shown and substantial justice is served, balancing between adherence to limitation and the pursuit of meritorious claims —Supreme Court upholds the condonation of a 1537-day delay in the State's second appeal, emphasizing a liberal approach when substantial justice is at stake, particularly in cases involving government land, while ensuring the State exhibits due diligence in future proceedings.

Supreme Court upholds the condonation of a 1537-day delay in the State's second appeal,

 Limitation Act, 1963 — Section 5 — Extension of period of limitation in certain circumstances — Courts may liberally condone delays in appeals, especially by the State, if “sufficient cause” is shown and substantial justice is served, balancing between adherence to limitation and the pursuit of meritorious claims —Supreme Court upholds the condonation of a 1537-day delay in the State's second appeal, emphasizing a liberal approach when substantial justice is at stake, particularly in cases involving government land, while ensuring the State exhibits due diligence in future proceedings.

INDER SINGH

Vs.

THE STATE OF MADHYA PRADESH

Limitation--Under Section 28 of Contract Act, parties are entitled to provide a period of limitation shorter than that prescribed under Limitation Act.

sclaw.in

Limitation—Bar of Limitation—In order to decide the question of limitation as to whether the suit is filed within time or not, the Court is mainly required to see the plaint allegations and how the plaintiff has pleaded the accrual of cause of action for filing the suit.

sclaw.in