Condonation of suit delay u/s 151 cpc in exceptional circumstances

rahul (Querist) 19 June 2015 This query is : Resolved
Indian Limitation Act 1963 gives no provision to condone the delay in filling of Suit & Section 3 of Limitation Act make it is binding on the court to dismiss the suit even if limitation is not set up as defense.

1. Therefore, Indian limitation act makes it compulsory for the person to file suit in time frame given by the limitation act. but

2. Along with this, it is settle principle of Law that “ Law can not compel a person to do an Impossible Act”.

3. Section 151 confers the inherent power upon the civil court. It cannot be resorted to deal with an application for which there is a statutory provision. Thus, it is only in exceptional circumstances where there is no other remedy available under any statutory provisions section 151 is attracted.

Section 151 : Nothing in this Code shall be deemed to limit or otherwise affect the inherent power of the Court to make such orders as may be necessary for the ends of justice or to prevent abuse of the process of the Court.

Section 151 is used by court
a) for the ends of justice or
b) to prevent abuse of the process of the Court.

There is clear statutory provision in limitation act in respect of a situation where person in ordinary course (when it was possible for person to approach the court) fail to institute suit in time given by limitation act. I.e. Suit will 100 % will be dismissed as it has become time barred.

But limitation act is silent in respect of exceptional situation wherein it becomes impossible for the person to approach the court for filling suit within the stipulated time as per limitation act. In that exceptional situation filling of suit becomes an impossible act for the person. Hence person could not file suit within limitation period given by limitation act.
For the exceptional situation, I am giving you a hypothetical example:

Suppose Cause of action has arisen for Mr. A to file suit for possession but unfortunately Mr. A met with accident & go to coma for next 40 years & awake after 40 years.(rare situation but think about Aruna Shanbaugh case) .

But Now after 40 years, Mr. A filed suit for possession. Suit is timebarred as limitation period for filling suit for possession is maximum 12 years.
Question is

1. Can Civil Court exercise its inherent power u/s 151 of cpc to condone the delay of 28 years in filling of suit for possession for the ends of Justice ?

2. If No, Then kindly be pleased to give reason because why it can not be done when there is settle principle of Law that “ Law can not compel a person to do an Impossible Act”.

Thank you.

This is not an academic query, Hypothetical example is used to understand the seriousness of exceptional situation which is beyond the control of the person.

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