Limitation Act section 5 is excluded for recrimination notices under election law, barring condonation of delay.

Section 5 of the Limitation Act, 1963 is excluded for a recrimination notice under Section 97 of the Representation of People Act, 1951 because the election law is a self-contained code and Section 29(2) applies Sections 4 to 24 only where they are not expressly excluded. The notice is treated as structurally analogous to an election petition, being required at the start of trial and subject to similar particulars and security requirements. On that basis, delay in filing such a notice cannot be condoned under Section 5.

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Issues: Whether Section 5 of the Limitation Act, 1963 applies to a recrimination notice under Section 97 of the Representation of People Act, 1951.

Analysis: The limitation scheme in Section 29(2) of the Limitation Act, 1963 applies Sections 4 to 24 only where they are not expressly excluded by the special law. The Representation of People Act, 1951 was treated as a self-contained code in relation to election petitions, and earlier authority had already held that Section 5 does not apply to election petitions under that Act. Section 97 equates the recrimination notice to an election petition by requiring it to be given within fourteen days of the commencement of trial and by applying the same supporting particulars and security requirements. Since the notice is intended to be filed at the earliest stage and is structurally comparable to an election petition, the same exclusion of Section 5 applies.

Conclusion: Section 5 of the Limitation Act, 1963 does not apply to a recrimination notice under Section 97 of the Representation of People Act, 1951, and the delay could not be condoned.

Ratio Decidendi: Where the special statute is a complete code and treats the proceeding as analogous to an election petition, Section 5 of the Limitation Act stands excluded under Section 29(2).

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