Background of The Limitation Act, 1963
In India
The legislation which governs and regulates the period within which a suit is supposed to be instituted is known as the Limitation Act, 1963. This legislation enumerates relevant provisions regarding the delay in filing application, suit and appeal under competent jurisdiction and how that delay can be condoned. This legislation extinguishes the remedy to the party and not the right to file delayed documents in court which substantially prevents the legal right from getting defeated.
Objective And Applicability Of The Limitation Act, 1963
The main objective that the Limitation Act, 1963 serves is to primarily provide a bar upon the time limit within which the aggrieved party can institute a suit, application or appeal in the court. If legislation[2] upon limitation is not enacted, then it would lead to an unconditional and never-ending litigation procedure, as no party would be concerned to refer a timely litigation and the party will file suit for a cause of action that has been executed a long time back and which may have no relevance in the present time.
Meaning of Limitation
The term limitation should be literarily interpreted as the term itself states it’s meaning i.e. restriction or the rule or circumstances which are limited. It means that the circumstance under which legal remedy is obtained is barred by time as per the law. The law of limitation[4] specifically prescribes a particular time limit during which an aggrieved party shall approach the court to receive the legal remedy.
As per the law of limitation, no court shall have the jurisdiction to try a suit, or entertain an application or appeal, if it is filed after the prescribed period. This prescribed period has been specifically highlighted under the schedule of the Limitation Act, 1963 with the head “period of limitation”.
Grounds For Delay In Condonation
- Exclusion of Time In Legal Proceedings: In computing the period of limitation for any suit, the day for such a period shall be excluded.
- In computing a judgement for any application, the day on which the judgement was pronounced and the time requisite for obtaining a copy or order pronounced and the time requisite for obtaining a decree or an order appeal from or sought to be revised shall be excluded.
- In the Computing of the period of limitation prescribed for any appeal in any case where any application to sue has been made, the time during which the time the applicant has applied, then the suit will have the same force and effect as the court fees paid in the first instance.
- In computing the period of limitation for any particular suit the time during which the plaintiff was being prosecuted for due diligence another civil proceeding or in any other court of first instance which is against the defendant shall be excluded.
- When a period of a suit is being computed or the application for the execution of the order the sanction has been stayed by injunction or order, the day on which it has been made and the day on which it was withdrawn shall be excluded.
- Here the suit is based upon the fraud of the defendant or respondent or his agent. The suit that is filed is for relief from the consequences of a mistake.
Condonation of Delay Under The Indian Limitation Act, 1963- Primary Focus On Section 5
Section 5[6] of the Limitation Act, 1963 dealt with the extension of the prescribed period in a certain case. It states that if the appellant or the applicant satisfies the court that he had a sufficient cause for not preferring the appeal or making the application within such period, then such an application or appeal shall be admitted after the prescribed period.
Conclusion
The main objective that the Limitation Act, 1963 serves is to primarily provide a bar upon the time limit within which the aggrieved party can institute a suit, application or appeal in the court. The term limitation’ should be literarily interpreted as the term itself states it’s meaning i.e. restriction or the rule or circumstances which are limited.
Condonation of delay is the remedy provided to the parties if they fail to approach the court during the limit that the law has provided to them. This remedy is exercised at the discretion of the court. There are instances where the court didn’t allow condoning an application for a single day which there are instances where the court condoned the application after years.
Hence, condonation of delay is a remedy where a meritorious case be heard after providing a sufficient cause to the court when the prescribed period has ended.
