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Section 5, Limitation Act 1963: Extension of Prescribed Period in certain cases

Section 5 (Extension of prescribed period in certain cases) under the Part II (Limitation of Suits, Appeals and Applications) of the Limitation Act 1963

❝Any appeal or any application, other than an application under any of the provisions of Order XXI of the Code of Civil Procedure, 1908 (5 of 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.—The fact that the appellant or the applicant was missed 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.❞




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Notes:

The Limitation Act, 1963 was amended by the:
- the Repealing and Amending Act, 1964 (Act No. 52 of 1964);
- the Limitation (Amendment) Act, 1969 (Act No. 10 of 1969);
- the Repealing and Amending Act, 1974 (Act No. 56 of 1974);
- the Code of Civil Procedure (Amendment) Act, 1976 (Act No. 104 of 1976);
- the Code of Civil Procedure (Amendment) Act, 1999 (Act No. 46 of 1999).

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