Condonation of delay applies to Hindu Marriage Act appeals where the special limitation does not exclude Section 5 expressly or by implication.

Section 5 of the Limitation Act, 1963 applies to appeals under Section 28 of the Hindu Marriage Act, 1955 because Section 29(2) makes Sections 4 to 24 applicable to special-law proceedings unless expressly or necessarily excluded. A shorter or mandatory limitation period in the special statute does not by itself exclude condonation of delay; exclusion must follow from clear words or necessary implication. As the amended Section 28(4) contains no such exclusion and the appellate right is not inconsistent with delay condonation, delay may be condoned on sufficient cause.

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Issues: Whether Section 5 of the Limitation Act, 1963 applies to appeals filed under Section 28(4) of the Hindu Marriage Act, 1955, notwithstanding the special limitation of thirty days prescribed by the amending legislation.

Analysis: Section 29(2) of the Limitation Act, 1963 makes Sections 4 to 24 applicable to proceedings governed by a special or local law, unless their application is expressly excluded. Mere prescription of a shorter or mandatory period of limitation in the special statute does not by itself amount to exclusion of Section 5. The exclusion must be found either by express words or by necessary implication from the scheme and nature of the special law. The special limitation in Section 28(4) of the Hindu Marriage Act contains no such exclusion, and the nature of the right of appeal is not inconsistent with the court's power to condone delay.

Conclusion: Section 5 of the Limitation Act, 1963 applies to appeals under Section 28 of the Hindu Marriage Act, 1955, and delay may be condoned where sufficient cause is shown.

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