What is under section 5 of Limitation Act?
So Section 5 of the Indian Limitation Act, 1963 which strictly prohibits from entertaining any application under this Section before the Executing Court which implies in its words that, “Any appeal or any application, other than an application under any of the provisions of Order XXI of the Code of Civil Procedure.
What is the time limit for execution of decree?
injunction is 12 years. The maximum period of limitation for the execution of a decree or order is 12 years from the date when the decree or order became enforceable, which is usually the date of the decree or order.
What is the period of limitation for filing a recovery suit?
within 3 years
LIMITATION: The suit can be filed within 3 years from the date of cause of action having arisen. The said period of limitation cannot be condoned.
Is section 5 of limitation Act applicable to criminal cases?
As already stated, Section 5 has been held to be applicable to Criminal appeals including appeals filed under Section 417(1), Criminal Procedure Code, The only question to be decided is, whether Section 5 applies also to an application for special leave to appeal under the amended Section 417(4), Criminal Procedure …
How do you condone delay?
If the person filing the suit or appeal or application can furnish a sufficient cause for the delay, leading to the expiry of the limitation period, the court/respective authority can, with discretionary jurisdiction condone the delay by accepting the suit/application.
What is limitation petition?
Law of limitation:- It states that the appeals against a decree or order can be filed in a High Court within ninety days and in any other court in thirty days from the date of the decree or order appealed against. It is for general welfare that a period be put on litigation.
Can recovery suit be filed after 3 years?
The limitation periods are provided in the Schedule to the Act such as in case of the money borrowed and not returned, the limitation period for filing such suit is of three years from the date the money has been lent.
Who may be joined as plaintiffs?
All persons whose right to relief arises out of the same act or transaction or series of acts or transactions may be joined as Plaintiffs. The test is whether any common question of law or fact would arise if such persons brought separate suits (Order 1 Rule 1).
