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Can an appeal or application for review be admitted after the period prescribed therefore has expired? (The Limitation Act, 1963)

January 10, 2019 0 Comment

If the condition is not satisfied, there is no room for the applicability of the discretion. Thus, where no cause has been given for filing the proceeding out of time, there arises no opportunity of considering the sufficiency or otherwise of the reason for that fact, and there cannot be any room for the exercise of the discretion given by the section.

If the condition is satisfied, then the Court gets a discretionary power to grant or refuse the prayer for extension of time. But it may in its discretion refuse to extend the time even though there may be sufficient cause for the delay. The extension of time is thus a matter of concession or indulgence to the applicant and cannot be claimed by him as a matter of absolute right.

If an appellant or applicant is misled by any order, practice or judgment of the High Court in ascertaining or computing the prescribed period of limitation, he must be regarded as having shown sufficient cause for not preferring the appeal or making the application within the period allowed by law, and he is entitled to extension of time under section 5.

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But although the appellant may be excused on the ground that he was misled by the past practice of the Court and thus made a mistake of law, he cannot be excused if he makes an undue delay in filing the appeal after he becomes aware of the mistake.

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