Section 5 & section 17(1)(b) of the limitation act-1963

yogesh (Querist) 18 April 2012 This query is : Resolved
If any litigant is filing Application for condonation of delay for 5 years with plea that hje was not awre of the rights and title of suit on which application is found is concealed by fraud.Which section of Limitation Act(5 or section 17(1)(b) IS APPROPRAITE FOR relief?
Here the fraud occurs when the cause of action had arisen and the litigant is complying the requirements of section 17 and whether court can award relief as merits of the case is towards his side?
In case if he files the Application under both sections 5 READ WITH SECTION 17(1) (B) THAT WILL MORE APPROPRAITE?

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Devajyoti Barman (Expert) 18 April 2012
Limitation Act applies only to the Applications and Appeals , not to the suit.

Adv.R.P.Chugh (Expert) 18 April 2012
Section 17 applies here.

Shonee Kapoor (Expert) 18 April 2012
Experts have given their opinion in diffirent thread for the same query.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com