An Analysis Of Whether A Delay In Execution Proceedings Can Be Condoned Despite The Statutory Bar Under Section 5 Of The Limitation Act

Sara Sachin, BBA LLB (Hons), OP Jindal Global University (Jindal Global Law School), Sonipat, Haryana

Santhosh Kumar Sabapathy, Practicing Advocate, Madras High Court

ABSTRACT:

Over the years, various High Courts have introduced amendments with regard to a subject matter relating to the condonation of delay in execution proceedings in civil suits under Order XXI, Rules 104, 105, and 106 of the Code of Civil Procedure that specifically deals with Hearing of Applications and Setting aside of orders passed Ex-parte. Section 5 of the Limitation Act is one such legislation that allows for any appeals and applications to be made except those cases falling under the ambit of Order XXI. So if a Litigant misses to file such an application under the Section and they bar any suits falling under the order specified, where would the litigant then go? Even if it is a delay by just a few days with a reasonable reason at hand? If such a path is followed by the courts, then many would not receive the justice they deserve and hence such an amendment to the Rules was brought about to accommodate all within its ambit. This paper will give primary focus to the Statutory bar under Section 5 and read with other cases that agree and disagree with the provisions laid down in law, the case of The Sports Development Authority vs The Tamil Radhesoami Satsang Association will also be looked upon wherein the Parties brought out this question of law as well as throwing the spotlight on the importance of Section 5 of the Limitation Act that relates to extension of the prescribed period of certain cases in filing of the application with regards to any specific matter. This paper will also use other cases as precedence to further elucidate the transformation of the law over the years.