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1 - 5 of 5 (0.28 seconds)Section 100 in The Code of Civil Procedure, 1908 [Entire Act]
Section 54 in The Code of Civil Procedure, 1908 [Entire Act]
The Limitation Act, 1963
Sesh Nath Singh & Anr vs Baidyabati Sheoraphuli Co-Operative ... on 22 November, 2019
20. This Court finds it relevant to take note of the judgment of the Supreme
Court in the case of Sesh Nath Singh & Anr. Vs. Baidyabati Sheoraphuli
Co-Operative Bank Ltd And Anr. reported in (2021) 7 SCC 313, wherein
the Supreme Court observed that Section 5 of the Limitation Act 1963 does not
speak of any application. It was observed that Section 5 of the Limitation Act
1963 enables the Court to admit an application or an appeal if the applicant or
the appellant as the case may be, satisfies the Court that he has sufficient cause
for not making the application and or preferring the appeal within the time
prescribed. It was further observed that although it is a genuine practice to
make a formal application under Section 5 of the Limitation Act 1963, in order
to enable the Court or the Tribunal to weigh the sufficiency of the cause for the
inability of the appellant/applicant to approach the Court or the Tribunal within
the time prescribed by limitation, there is no bar to be exercised by the
Court/Tribunal of its discretion to condone the delay in absence of a formal
application. Paragraphs 61 and 62 of the said judgment being relevant is
reproduced hereinunder:
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