Condonation of delay, Section 5 Limitation act, cause lawyers fault and illitarate

[RAJU SN]

Is there any possibilities to condonation of delay, Section 5 Limitation act causing lawyers fault and illitarate.

[DR.MARIAPPAN GOVINDARAJAN]

Section 5 of the Limitation Act provides limitation period for general purposes. If any act prescribes limitation period then it prevails. If there is no provision for limitation period, then only section 5 of the Limitation Act comes to place. The client, who is an illterate, is fully depending on the Advocates engaged by them. In case the delay is due to Advocate it can be condoned but at the same time if the delay is for a longer period, then it would depend on the facts and circumstances of the case.

[RAJU SN]

Thank you sir, I want to submit the following points of my friend case. Please tell me merits and demerits of the case for condonation of delay under section 5 limitation act.

1. Case was for OS, set ex-parte and judgment pronounced.
2. Advocate filed vakalat for defendant, written statement not filled.
3. Set ex-pate, notice given, judgment pronounced as Vide separate judgment to execute suite within two months in the month of April.
4. No execution of suit by defendant, EP filed in the month of July.
5. Same advocate filed vakalat for defendant, and the following business was done in court

Business	:				Sri. XXXX, Advocate filed Vakalat for JDr. For Counter of JDr. Counsel for DHr to furnish documents to counsel for JDr..
Business	:				Counsel for JDr filed Memo. DHr to furnish Documents to JDr. For counter of JDr.
Business		:						Both counsel present copy of petition furnished to counsel for JDR2 for counter of JDR2
Business				:			PNR. For counter of JDR2 Te as a last chance call on
Business			:			For counter at request on payment of costs of ₹ 200 ,finally failing which next step follows.

Case is postponed to next date, now defendant filed condonation of delay for 400 days, saying reason her advocate is not communicated properly and taken signatures on court documents without telling any reason and she is saying that she is illiterate.

Fact is that, she is elected as ward member in Grampanchayat. I am not sure but I know, as per AP elections law for panchayat, 3 children parents are not eligible to contest in panchayat elections and she had 3 childrens.

Sir, please suggest me in this case merits and demerits of petitioner in this case.

1. Case was for OS.
2. Advocate filed vakalat for defendant, written statement not filled.
3. Set ex-pate, notice given, judgment pronounced as Vide separate judgment to execute suite within two months in the month of April.
4. No execution of suit by defendant, EP filed in the month of July.
5. Same advocate filed vakalat for defendant, and the following business was done in court regarding EP.

Business	:				Sri. XXXX(Same advocate who taken vakalat in the OS case), Advocate filed Vakalat for JDr. For Counter of JDr. Counsel for DHr to furnish documents to counsel for JDr..
Business	:				Counsel for JDr filed Memo. DHr to furnish Documents to JDr. For counter of JDr.
Business		:						Both counsel present copy of petition furnished to counsel for JDR2 for counter of JDR2
Business				:			PNR. For counter of JDR2 Te as a last chance call on
Business			:			For counter at request on payment of costs of ₹ 200 ,finally failing which next step follows.

Case is postponed to next date, now defendant filed condonation of delay for 400 days, saying reason her advocate is not communicated properly and taken signatures on court documents without telling any reason and she is saying that she is illiterate.

Fact is that, she is elected as ward member in Grampanchayat elections. I am not sure but I know that, as per AP elections law for panchayat, 3 children parents are not eligible to contest in panchayat elections and she had 3 childrens before her contest in Panchayat elections .

So, please suggest me in this case merits and demerits of petitioner in this case.

AI Summary

Condonation of delay where lawyer negligence and litigant illiteracy are asserted may be entertained under limitation principles.
Condonation under Section 5 of the Limitation Act is pleaded where delay followed an ex parte decree and subsequent execution proceedings; the applicant attributes the approximately four hundred day delay to counsel's failure to communicate and to the applicant's illiteracy. Where specific limitation provisions do not apply, Section 5 may be invoked, and courts will assess proximate cause, length and adequacy of explanation, litigant conduct during proceedings, and objective evidence bearing on the claimed illiteracy and counsel's conduct.