Section I: Deconstructing the Legal Framework

The foundation of civil litigation rests on both rights and rules. A petition to condone delay, using Section 5 of the Limitation Act and Section 151 of the CPC, is where courts balance the need for procedural deadlines with the imperative of delivering justice.

A. Section 5, Limitation Act, 1963: The Doctrine of Condonation

This provision allows courts to extend deadlines if the applicant shows "sufficient cause" for the delay, ensuring procedural rules serve justice, not hinder it.

B. Section 151, CPC, 1908: The Court's Inherent Powers

This section recognizes a court's inherent power to make orders necessary for justice or to prevent abuse of its process. It's a "safety valve" for situations not covered by specific rules.

C. Synergistic Invocation: Why Plead Both?

Invoking both sections is a strategic move. Section 5 provides the specific power to condone delay, while Section 151 frames the request within the court's overarching duty to ensure justice. It transforms the plea from a procedural request into a fundamental appeal for fairness.

D. Section 5 vs. Other Provisions: A Comparative Look

Section II: The Doctrine of "Sufficient Cause"

The entire case for condonation rests on this term. The law doesn't define it, giving courts the flexibility to interpret it based on the facts of each case, guided by the principle of advancing "substantial justice."

The 'Insufficient Cause' Doctrine: What Courts Reject

While the approach is liberal, courts will not condone delay caused by negligence, want of bona fides, or inaction. Some common grounds that are often rejected include:

Section III: A Comprehensive Guide to Drafting the Petition and Affidavit

A well-drafted application can make all the difference. This section provides a step-by-step guide and annotated templates to help you craft a clear, concise, and compelling plea.

Annotated Template: Interlocutory Application

IN THE HIGH COURT OF JUDICATURE AT [Your High Court]
        CIVIL APPELLATE JURISDICTION

        I.A. NO. ______ OF 2024
                 IN
   FIRST APPEAL (ST.) NO. ______ OF 2024

IN THE MATTER OF:

[Name of Appellant]                               ...APPELLANT/APPLICANT
                   VERSUS
[Name of Respondent]                              ...RESPONDENT

APPLICATION UNDER SECTION 5 OF THE LIMITATION ACT, 1963 READ WITH
SECTION 151 OF THE CODE OF CIVIL PROCEDURE, 1908 ON BEHALF OF THE
APPELLANT FOR CONDONATION OF DELAY IN FILING THE ACCOMPANYING FIRST APPEAL

MOST RESPECTFULLY SHOWETH:

1. That the Appellant has filed the accompanying First Appeal against the impugned judgment and decree dated [Date] passed by the Ld. [Name of Lower Court] in Civil Suit No. [Number].
   -- Clearly identify the order being appealed against.

2. That the certified copy of the said judgment was received on [Date]. The prescribed period of limitation expired on [Date].
   -- Establish the timeline for calculating the delay.

3. That the accompanying appeal has been filed on [Date]. Accordingly, there has been a delay of [X] days.
   -- State the period of delay precisely.

4. That the delay was caused due to the following bona fide reasons:
   (a) [Provide a detailed, chronological, and credible narrative of the reasons for the delay. Be specific.]
   (b) [For example: That the Appellant's mother suffered a severe cardiac ailment from [Date] to [Date]. A copy of the medical records is annexed as Annexure A-1.]
   -- This is the heart of the application. Support with evidence.

5. That the delay was neither intentional nor deliberate but was solely due to the aforesaid compelling reasons beyond the Appellant's control.
   -- Mandatory statement of bona fides.

6. That the Appellant has a strong prima facie case on merits, and if the delay is not condoned, the Appellant will suffer irreparable loss.
   -- Briefly touch upon the merits to show the appeal is not frivolous.

                                  PRAYER

It is most respectfully prayed that this Hon'ble Court may be pleased to:
(a) Condone the delay of [X] days in filing the accompanying First Appeal;
(b) Take the accompanying First Appeal on record;
(c) Pass such other order(s) as this Hon'ble Court may deem fit.

APPELLANT
THROUGH
[ADVOCATE'S NAME]
Place:
Date:
                    

Annotated Template: Supporting Affidavit

[Cause Title as above]

      AFFIDAVIT IN SUPPORT OF THE APPLICATION FOR CONDONATION OF DELAY

I, [Name of Appellant], son of [Father's Name], aged about [X] years, resident of [Full Address], do hereby solemnly affirm and state on oath as under:

1. That I am the Appellant in the above-noted matter and am competent to swear this affidavit.
   -- Establishes deponent's identity and competence.

2. That the contents of the accompanying application have been drafted under my instructions, and the facts stated in paragraphs 1 to 6 are true and correct to my knowledge. The contents may be read as part of this affidavit.
   -- Incorporates facts from the application by reference.

3. That I reiterate that the delay of [X] days in filing the appeal was caused due to [Briefly restate core reason]. The delay was entirely unintentional and unavoidable.
   -- First-person affirmation of the core reason.

                                                                    DEPONENT

                                 VERIFICATION

Verified at [Place] on this [Date], that the contents of the above affidavit are true and correct to my knowledge and belief.

                                                                    DEPONENT

(Solemnly affirmed before a Notary Public / Oath Commissioner)
   -- Mandatory attestation by an authorized official.
                    

Special Case: The Advocate's Affidavit

When the delay is attributable to the counsel (e.g., illness, misplacement of file, bona fide mistake), it is ethically imperative and strategically wise for the advocate to file a personal affidavit. This lends immense credibility to the application and shows transparency before the court. The client should not be made to suffer for the counsel's error.

Do's and Don'ts of Drafting

Section IV: Procedural Formalities and Strategic Considerations

Navigating the court registry and preparing for arguments are as crucial as drafting. This section covers filing, fees, and strategy.

Lifecycle of a Condonation Application

Indicative Schedule of Stamp Duty and Court Fees

*Disclaimer: Values are indicative. Always verify with current State Acts and High Court Rules before filing.

The Hearing: Arguing the Application

• Know Your Facts Cold: Be prepared to answer any question about the timeline of the delay without hesitation.
• Address the Merits Briefly: Without arguing the full appeal, gently guide the court to the strength of your case to show that the appeal is not frivolous.
• Distinguish Negative Precedents: Be aware of judgments that may go against you and be ready to distinguish them on facts.
• Be Respectful & Deferential: The power to condone is discretionary. Your demeanor and respect for the court's time are crucial.

Section V: Opposing a Condonation Application - A Respondent's Guide

When limitation expires, a valuable right accrues to the respondent. This section outlines key strategies and arguments to effectively oppose an application for condonation of delay.

Key Grounds for Opposition

• 1. Emphasize the Vested Right

  Argue that the expiry of the limitation period has created a vested legal right in your favor, which cannot be disturbed lightly. This shifts the burden heavily onto the applicant.

• 2. Expose Lack of Diligence

  Scrutinize the applicant's affidavit for gaps in the timeline. Point out periods of inaction and argue that they demonstrate culpable negligence, not a "sufficient cause."

• 3. Challenge the 'Bona Fides'

  If the applicant's explanation seems fabricated or is unsupported by evidence, directly challenge their good faith. Argue that the delay is a calculated attempt to prolong litigation.

• 4. Highlight Prejudice

  Explain how the delay has prejudiced you. This could include the death of a key witness, loss of evidence, or the inability to enjoy the fruits of the decree.

• 5. Argue "Per Incuriam"

  If the applicant relies on a judgment that has been overruled or is no longer good law, point this out to the court. An argument based on an incorrect legal premise is inherently weak.

Case Law for the Respondent

Section VII: Condonation of Delay under Special Statutes

The general principles of Section 5 do not apply universally. Many special laws that prescribe their own limitation periods either modify the power to condone delay or exclude it entirely. This is based on the legal maxim "generalia specialibus non derogant" (general things do not derogate from special things).

Applicability of Section 5: A Comparative Chart

*Note: This is an illustrative list. Always check the specific statute for its limitation provisions.

Section VIII: Practical Guides & Modern Considerations

Beyond the statutes, practical know-how and recent developments are critical. This section addresses how to calculate delay and the landmark impact of the COVID-19 pandemic on limitation periods.

How to Accurately Calculate Delay: A Step-by-Step Guide

The Supreme Court's COVID-19 Extension Orders

In response to the pandemic, the Supreme Court of India, in the case of In Re: Cognizance for Extension of Limitation, passed suo motu orders that significantly impacted limitation periods for all legal proceedings.

Section IX: Frequently Asked Questions (FAQ)