Condonation of delay applies to contempt appeals where special-law limitation does not expressly exclude the Limitation Act.

Section 5 of the Limitation Act applies to a Letters Patent Appeal filed against an order in contempt proceedings because the appeal was governed by a special-law limitation period under Section 19 of the Contempt of Courts Act. Since the applicable appellate-side rules did not expressly exclude Section 5, Section 29(2) attracted Sections 4 to 24 of the Limitation Act, including condonation of delay. The dismissal of the appeal for delay was therefore unsustainable, and the appeal was restored for decision on merits and remitted to the Division Bench.

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Issues: Whether Section 5 of the Limitation Act applies to a Letters Patent Appeal filed against an order passed in contempt proceedings, and whether the delay in filing such appeal could be condoned.

Analysis: The limitation for an appeal under Section 19 of the Contempt of Courts Act is governed by special law. By virtue of Section 29(2) of the Limitation Act, Sections 4 to 24 apply to a special law limitation period unless expressly excluded. The applicable appellate side rules did not expressly exclude the operation of Section 5, and the procedural rules for contempt appeals were held to attract the appellate side procedure mutatis mutandis. On that basis, the bar against condonation was not sustainable.

Conclusion: Section 5 of the Limitation Act applies to the appeal, and the delay was liable to be condoned.

Final Conclusion: The order of dismissal for delay was set aside, the appeal was restored for decision on merits, and the matter was sent back to the Division Bench for fresh consideration.

Ratio Decidendi: Where a special law prescribes limitation for an appeal and does not expressly exclude the relevant provisions, Sections 4 to 24 of the Limitation Act, including the power to condone delay, apply by virtue of Section 29(2).

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