Civil

Application for Condonation of Delay under Section 5 Limitation Act

An application for condonation of delay is a formal request to a court to excuse the late filing of a main proceeding, such as an appeal, revision, or petition. It seeks the court's indulgence to overlook the expiry of the statutory limitation period by demonstrating 'sufficient cause' for the delay.

This application is filed together with the delayed main case and is never a standalone proceeding. It is governed by Section 5 of the Limitation Act, 1963, and for proceedings under the Code of Civil Procedure, 1908, the inherent powers of the court under Section 151 are additionally invoked.

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Governing law
Limitation Act 1963 s.5 (sufficient cause); CPC 1908 s.151 (inherent powers); read with the provision governing the main case
Sections
s. 5s. 151
Filed before
Supreme Court of India / High Court (any seat) / Trial Court / Sessions Court

When this is the right filing

  • When the statutory limitation period for filing an appeal, revision, or petition has expired.
  • When you must place a detailed explanation constituting 'sufficient cause' for the delay before the court.
  • When filing the main delayed proceeding; this application must accompany the main case filing.
  • Do not use this as a standalone application. It is always an interlocutory application (C.M.P./I.A./Crl.M.P.) within the main case.

What the court looks for

  • A clear and specific explanation of the 'sufficient cause' that prevented the applicant from filing the main case within the limitation period.
  • A mandatory disclosure that no other similar application is pending before any other court.
  • A statement that condoning the delay will not prejudice the respondent and that no third-party rights have been created in the interim.
  • A properly structured affidavit in support, verifying the facts and grounds stated in the application.

The structure the court expects

The components of the filed format, in the order they appear. LexPilot fills every one of them from your facts and papers.

  1. 1Cause title
  2. 2Application
  3. 3Grounds
  4. 4Prayer
  5. 5Affidavit in support
  6. 6Verification
How it opens
1. That the Applicant is filing the accompanying [main case type] before this Hon'ble Court assailing the judgment/order dated [impugned date] passed by [lower court] in [lower case no].

Bracketed items are filled from your case.

Frequently asked questions

What is the standard for 'sufficient cause' under Section 5 of the Limitation Act?

The standard for 'sufficient cause' is liberal and the court focuses on whether the explanation for the delay is acceptable, not the length of the delay itself. The applicant must demonstrate that they acted with due diligence and that the delay was not a result of negligence or mala fide intent.

Can this application be filed as a standalone document?

No. An application for condonation of delay is always filed together with the main delayed proceeding, such as an appeal or petition. It is an interlocutory application within that main case and cannot be filed independently.

Is Section 151 of the CPC always invoked along with Section 5 of the Limitation Act?

Section 5 of the Limitation Act specifically applies to appeals. For other proceedings like petitions or revisions governed by the Code of Civil Procedure, Section 151 is additionally invoked to draw on the court's inherent powers. For applications under specific statutes, one must check that statute's own condonation provision.

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