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An application for execution of a decree is filed with some
delay ie beyond the prescribed period of limitation-
(A) delay can be condoned by invoking section 5 of the
Limitation Act
(B) delay can be condoned under section 148 CPC
(C) delay can be condoned under the inherent powers of the
court under section 151 CPC
(D) None of the above
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Answer / naman
A -- delay can be condoned by invoking section 5 of the
Limitation Act.
Section 5 provides for the condonation of delay in case of
"sufficient cause".
| Is This Answer Correct ? | 8 Yes | 4 No |
Answer / k garg
Discussion:
Section 5 Limitation Act applies to matters other than a Suit or an application for execution.
Therefore, the delay cannot be condoned under the Limitation Act as Section 3 provides for an absolute restraint.
So far as, Section 148 CPC is concerned, it will come into play to only if the time limit is prescribed under CPC itself and not otherwise. Since, the time period to file an execution application is concerned, the same is provided in Limitation Act.
therefore, again delay cannot be condoned under section 148 CPC
Now coming to 151 CPC, it has to be invoked to protect the interest of justice and not to counter any specific provision of law or to anything against the settled notion of law. therefore, again the delay cannot be condoned.
Therefore, the answer has to be (D) i.e. the delay cannot be condoned
| Is This Answer Correct ? | 1 Yes | 0 No |
Answer / gopan
as Article 136 provides a clear bar, the delay cannot be
condoned.
| Is This Answer Correct ? | 3 Yes | 3 No |
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