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Report No. 89

V Recommendation

5.15. Recommendation as to section 5.- In the light of the above discussion, we recommend that section 5 should be revised as unde.-

Revised section 5

"5. Any appeal or any application, other than an application under any of the provisions of Order XXI of the First Schedule to the Code of Civil Procedure, 1908, may be admitted after the prescribed period, if the appellant or the applicant satisfies the court that he had sufficient cause for not preferring the appeal or making the application within such period.

Explanation I.- The fact that the appellant or the applicant was misled by any order, practice or judgment of the High Court in ascertaining or computing the prescribed period may be sufficient cause within the meaning of this section.

Explanation I.- Without prejudice to the generality of the provisions of this section, the fact that the appellant or the applicant was misled by any erroneous legal advice given by a legal practitioner is sufficient cause within the meaning of this section, provided:

(a) the advice was sought and given before the expiry of the prescribed period, whether for the purpose of the particular appeal or application or otherwise, and

(b) the advice was given in good faith and in writing."



The Limitation Act, 1963 Back




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