Limitation act & inherent powers of court u/s 151
sandeep rane
(Querist) 06 May 2015
This query is : Resolved
Respected Members,
This is not academic query.
In india every person has right to get legal aid if he is not able to present his case before the court.
If a person is eligible to get legal aid & his case run by legal aid & legal aid withdraws the suit with liberty to file fresh suit & thereafter legal aid fails to provide legal aid to person & as a result delay is caused to file fresh suit.
person helplessly filed his own suit in person but found that it is out of limitation.
There is no provision in the limitation act to condone the delay in filing of suit.
1. whether the period during which person could not file suit as he financially weak & legal aid fail to provide proper legal aid be treated as his disability & said period excluded while computing limitation period ?
It can be prove that legal aid fail to provide legal aid in time.
if it is not possible then
2. is it possible for court to condone this delay in the interest of justice by exercising exercising his inherent powers under section 151 of cpc ?
Thank you.
Dr J C Vashista
(Expert) 07 May 2015
@ Sandeep,
You are wrong, every person is not eligible to get legal aid, please check with your state Legal Aid Service.
Rajendra K Goyal
(Expert) 07 May 2015
In case of delay, prey the court to condone delay. If court satisfied, it would condone.
Nadeem Qureshi
(Expert) 07 May 2015
Dear Sandeep
Read section 5 of Limitation act
5 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 (5 of 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. Explanation.— The fact that the appellant or the applicant was misled by any order, practice or judgment of the High Court in ascertaining or computing the prescribed period may be sufficient cause within the meaning of this section.
the person who filed the suit in person have to file an application u/s 5 of Limitation Act read with section 151 of CPC before court, if the court is satisfied with the version of the plaintiff then court have power to condone the delay.
SAINATH DEVALLA
(Expert) 07 May 2015
Nothing more than what Mr.Nadeem has mentioned
sandeep rane
(Querist) 07 May 2015
Thank You very much Dr. J. C. Vashista Sir,Rajendra K goyal Sir, Nadeem qureshi Sir, Sainath Devalla sir for your replies.
Suit is for declaration that transfer of property be set aside & possession of property.
As per the provisions of Limitations act limitation for declaration is 3 years & for possesion is 12 years & as per these provisions suit is within time.
But property is belong to mhada. & hence it is necessary to make MHADA as party.
MHADA is statutory corporation & MHADA ACT gives limitation period of six months for filling suit against MHADA.
As per the MHADA Act suit is barred by limitation. Case of Bombay high court Arun Construction Vs MHADA.
Can I get the benefit of section 29 (2) of Limitation Act.
Is it possible with the provision of 29 (2) of limitation Act that period of limitation prescribed by the limitation act 1963 will apply for determining limitation period ?
Thank you.
SAINATH DEVALLA
(Expert) 07 May 2015
Section 29(2) in The Limitation Act, 1963
(2) Where any special or local law prescribes for any suit, appeal or application a period of limitation different from the period prescribed by the Schedule, the provisions of section 3 shall apply as if such period were the period prescribed by the Schedule and for the purpose of determining any period of limitation prescribed for any suit, appeal or application by any special or local law, the provisions contained in sections 4 to 24 (inclusive) shall apply only in so far as, and to the extent to which
T. Kalaiselvan, Advocate 
(Expert) 08 May 2015
You may set out the facts and justified reasons for delay, it is upto the satisfaction and discretion of court to condone the delay.
