TaxTMI 
TaxTMI 
Is there any possibilities to condonation of delay, Section 5 Limitation act causing lawyers fault and illitarate.
Condonation of delay, Section 5 Limitation act, cause lawyers fault and illitarate
14 Jul 2017 
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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. (AI Summary)
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. (AI Summary)