Mansi J. Garg FOR ACADEMIC CIRCULATION ONLY.

DO NOT SHARE WITHOUT PERMISSION

CONDONATION OF DELAY

INTRODUCTION
Section 5 of the Limitations Act, 1963 defines condonation of delay as the
extension of the period required to file a case before the court.

WHO CAN FILE IT

An application for condonation of delay can be filed by a party who needs

to file an appeal or an application after the prescribed date of expiration,
before the respective court.

WHERE TO FILE

This application is filed in the respective court wherein the initial delay in
filing was caused

APPLICABLE LAWS

1. Section 5 in The Limitation Act, 1963: Extension of prescribed period in

certain cases. —Any appeal or any application, other than an application
under any of the provisions of Order XXI of the Code of Civil Procedure,
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.
Mansi J. Garg FOR ACADEMIC CIRCULATION ONLY.
DO NOT SHARE WITHOUT PERMISSION

IN THE COURT OF [enter court name]

APPEAL/APPLICATION NO. [enter no.]

IN THE MATTER OF:

[Petitioner/Applicant/Appellant] Petitioner/Appellant

VERSUS

[Respondent] Respondent

Subject: Application under Section 5 of the Limitation Act, 1963 for

condonation of delay in filing

It is respectfully stated,

1. That the applicant has filed an [appeal/application/case] in this Hon’ble

court.
2. That there has been a delay of [no. of days delayed] days in the filing of
[appeal/application/case].
3. That the delay in filing was because [state the reason for the delay]
Mansi J. Garg FOR ACADEMIC CIRCULATION ONLY.
DO NOT SHARE WITHOUT PERMISSION

4. That the delay, according to the circumstances, was unavoidable &

unintentional and could not have been foreseen by the applicant.
5. Therefore, it is prayed that the delay in the filing be excused and the
present application be allowed.

Date: [dd/mm/yyyy]

Place:[enter the place where application/appeal is filed]

[Name of the Applicant] Applicant

[Name of the Advocate] Advocate