Collector, Land Acquisition, Anantnag v. Katiji
AIR 1987 SC 1353 · Supreme Court of India
Section 5 should receive a liberal construction; 'every day's delay must be explained' is not a ritual if a bona fide explanation exists.
Unit V · Civil Procedure Code and Law of Limitation
Bar of limitation and condonation of delay
Study aid only. Confirm statute numbers with the current bare Act and the official OU LL.B. (3-YDC) 2024–25 syllabus PDF.
Statute sections
| Act / instrument | Section | Name |
|---|---|---|
| Limitation Act, 1963 | 3 | Bar of limitation |
| Limitation Act, 1963 | 4 | Expiry of prescribed period when court is closed |
| Limitation Act, 1963 | 5 | Extension of prescribed period in certain cases |
Landmark cases
N. Balakrishnan v. M. Krishnamurthy
(1998) 7 SCC 123 · Supreme Court of India
Length of delay is less important than the acceptability of the explanation; condonation is an exercise of discretion on sufficient cause.
State of Nagaland v. Lipok AO
(2005) 3 SCC 752 · Supreme Court of India
Public authorities may be given a pragmatic latitude under section 5, but lethargy alone is not sufficient cause.