Condonation of delay
A court's permission to file an appeal or application after the time limit has passed, granted when the person shows sufficient cause for the delay. It is not available for filing a suit.
If you miss the deadline for an appeal or an application, you can ask the court to excuse the delay. This is called condonation of delay. The court decides whether your reason is good enough.
The law behind it
Section 5 of the Limitation Act, 1963 lets a court admit an appeal or application after the prescribed period if the applicant satisfies the court that there was sufficient cause for not filing in time. It does not apply to suits, and it does not apply to applications under Order XXI of the Code of Civil Procedure, 1908 (execution). Some special laws allow condonation only up to a fixed limit, or not at all.
What courts look at
- A genuine, believable reason, such as illness, a death in the family, or a lawyer's error.
- An explanation covering the whole period of delay, not just part of it.
- Whether the applicant acted with reasonable care.
- Whether the other side would suffer serious prejudice.
Courts generally take a liberal view so that cases are decided on merits, but a long, unexplained delay is often refused.
Practical point
File the condonation application with the appeal, supported by an affidavit and documents such as medical records.
Draft a condonation of delay application.
નીચે આપેલા સ્રોતો સામે તપાસ કરવામાં આવી 7 નવેમ્બર, 2026 IST. ભારતીય કાયદા વિશેની સામાન્ય માહિતી, તમારા કેસ માટે કાનૂની સલાહ નહીં.