Facts of the Case
- A plaintiff intends to file a civil suit in the lower court based on a cause of action that occurred in the past.
- The time prescribed under the Limitation Act, 1963 for filing the suit has already expired.
- To overcome this delay, the plaintiff files a petition seeking condonation of delay along with the suit.
Issues in the Case
- Whether a civil court has the power to condone delay in filing a suit once the limitation period has expired.
- Whether the condone delay petition is maintainable under any provision of the Limitation Act, 1963.
- Whether Section 5 of the Limitation Act applies to civil suits.
Principles Associated with It
- Section 5 of the Limitation Act allows condonation of delay only for appeals and applications, not for the institution of original civil suits.
- The limitation period for filing a suit is strict and cannot be extended by the court on grounds of equity or hardship.
- Once the limitation period is over, Section 3 of the Limitation Act bars the court from entertaining the suit, regardless of whether limitation is pleaded as a defense.
Judgement
- The condone delay petition in such a case is not maintainable.
- Civil courts do not have the authority to condone delay in the filing of original suits.
- The suit would be rejected as barred by limitation, as courts must dismiss suits filed beyond the statutory time limit, as per Section 3 of the Limitation Act.