This doctrine covers ground on which, the limitation period can be extended. It can be on the grounds of a legal or physical disability, for example, if the person needs to submit some papers to be obtained from a government department that are not received on time, the limitation period can be extended, as that is not something within his control.
Section 5 of the Limitation Act, 1963 provides for the extension of time, or condonation of delay in cases of exigency. The applicant will have to prove that we had sufficient cause or a valid reason for not applying within the prescribed time as per the Act.
The court might then overlook the delay and accept the application in all regularity, as if it were submitted within the specified time. However, this power is a discretionary power, only to be exercised by the courts where they feel that the case so warrants.
No comments:
Post a Comment