Application for condonation of delay (s.5 Limitation Act)
Asking the court to accept an appeal or application filed after time.
Opens Dastavo with this paper ready to fill, on this computer or in the app. No account needed.
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Not yet reviewed by a lawyer. Check every line before it is signed.
How the paper begins
With Dastavo's sample details; the people and places are fictional. The words in blue are the ones you fill in.
IN THE COURT OF Civil Judge (Junior Division), Amarnagar
Civil Suit No. 412 of 2025
Versus
APPLICATION UNDER SECTION 5 OF THE LIMITATION ACT, 1963, FOR CONDONATION OF DELAY
Respectfully Showeth:
1.That the applicant is filing the appeal against the judgment dated 02-06-2026, and there is a delay of 23 days.
2.That the delay was caused for these reasons: the applicant was in hospital from 20-06-2026 to 10-07-2026 and on bed rest till 25-07-2026.
3.That the delay is bona fide and not deliberate; the applicant has a good case on merits and will suffer irreparable loss if the delay is not condoned, while the respondent will suffer none.
PRAYER:
It is, therefore, respectfully prayed that the delay of 23 days in filing the appeal against the judgment dated 02-06-2026 may kindly be condoned in the interest of justice.
The rest of the paper is in Dastavo.
What to bring
Papers to bring
- The late appeal or application itself, ready to file with this one
- Proof of each reason, with dates: medical certificates and hospital papers, a death certificate, or travel or service records
- For an appeal, the copying-branch receipt and the date the certified copy was ready
- The supporting affidavit: see "Affidavit for condonation of delay"
- Your identity proof, and a vakalatnama in favour of your advocate, signed by you
Where to go
Filed through your advocate together with the late appeal or application, in the court where that is filed; the other side gets notice and may oppose it.
Fee
Court fee and welfare stamps, where needed, are put on as the court office directs; ask the counter for today's amounts. The advocate's fee is separate.
Good to know
- Explain every day of the delay, with dates and proof: the court looks for a sufficient cause shown in good faith, and may allow it only on costs.
- Section 5 covers appeals and applications, not suits; some special laws fix an outer limit that cannot be extended, so ask your lawyer.
Papers and fees can change. Check with the office before you go. Guidance only, not yet reviewed by a lawyer.
Stamp paper
Court fee and welfare stamps, where needed, are affixed as the court office directs.