Beyond the Tick of Clock: Analysing the Concept of Condonation of Delay

  • Parth Khubalkar
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  • Parth Khubalkar

    Student at Maharashtra National Law University, Nagpur, India

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The concept of condonation of delay, rooted in Section 5 of the Indian Limitation Act 1963, plays a pivotal role in balancing the legal right to seek redress with the need for timely litigation. This research paper delves into the principles and contemporary challenges associated with condonation of delay in civil litigation under the Civil Procedure Code 1908 (CPC) and the Limitation Act 1963. By examining landmark judgments and statutory provisions, the paper elucidates the interpretation of 'sufficient cause' and the discretionary power of courts in granting extensions beyond the prescribed limitation periods. It highlights the judicial tendency towards a liberal interpretation to ensure substantial justice, while also addressing the resultant procedural complexities, inconsistencies, and judicial inefficiencies. The paper identifies the critical issue of judicial discretion leading to arbitrariness and the lack of uniform precedent, which undermines legal certainty and predictability. Furthermore, it explores the broader implications of delay on the judicial system, including the erosion of public trust and increased case backlogs. To mitigate these challenges, the paper proposes the introduction of a mechanism imposing monetary fines or additional court fees for delays within a reasonable period. This approach aims to streamline judicial processes, reduce the burden on courts, and enhance overall judicial efficiency. By balancing the principles of timely justice and accessibility to legal remedies, this research offers actionable insights for reforming the application of condonation of delay in India's legal framework.


Research Paper


International Journal of Law Management and Humanities, Volume 7, Issue 3, Page 3237 - 3245


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This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (, which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.


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