Sunday, 8 March 2020

Whether court can condone delay in execution of decree as per S 5 of limitation Act?

It is also trite that the civil court in absence of any express power cannot condone the delay. For the purpose of condonation of delay in absence of applicability of the provisions of Section 5 of the Limitation Act, the court cannot invoke its inherent power.
It is well-settled that when a power is to be exercised by a civil court under an express provision, the inherent power cannot be taken recourse to.
An application under Section 5 of the Limitation Act is not maintainable in a proceeding arising under Order XXI of the Code. Application of the said provision has, thus, expressly been excluded in a proceeding under Order XXI of the Code. In that view of the mater, even an application under Section 5 of the Limitation Act was not maintainable. A fortiori for the said purpose, inherent power of the court cannot be invoked.
Supreme Court of India
Damodaran Pillai & Others vs South Indian Bank Ltd on 8 September, 2005

Bench: Ashok Bhan, S.B. Sinha

Citation:(2005) 7 SCC 300 : AIR 2005 SC 3460
Read full judgment here: Click here
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