Dear litigants,
Are you contemplating to file any motion in the court after expiry of statutory period of limitation with an application of condonation of delay as per section 5 of the Limitation Act, 1963?
Please check whether your counsel has explained the delay right from the start of the period of limitation till the actual delay or the end i.e. the date of filing of condonation of delay application.
Circumstances from the date of expiry of limitation till the date of filing of application of condonation of delay shall not be significant if your counsel does not explain what prevented you to file the motion within the statutory period of limitation. That means, the reasons which prevented you to move court when you were within the limitation period, will be the primary grounds for your acceptance of application of condonation. No event or circumstances arising after the expiry of limitation would constitute a sufficient cause requiring the court to exercise its discretion in condonation of delay.
Allowing limitation to expire without the motion being filed is required to be traced to the cause arising within the period of limitation.
Therefore, dear litigants check whether your application for condonation of delay has been appropriately drafted fulfilling the above parameters else your motion may be dismissed being barred by limitation.
For any assessment of the Limitation, the author can be contacted.
(Reliance Ajit Singh Thakur Singh and another Vs State of Gujrat AIR 1981 SC 733)
