One Missed Date, One Last Chance
A client arrives with a genuinely strong case, an appeal, a revision, an application, but it is late. Not by a lot, sometimes just a few days, sometimes months, but late enough that the court’s registry will flag it before anyone even looks at the merits. Section 5 of the Limitation Act 1908 is the one remaining door in that situation, and how well it is used decides whether the case is heard at all.
What Section 5 Actually Requires
Section 5 allows a court to admit an appeal, application, or certain other proceedings after the normal limitation period has expired, but only where the applicant shows sufficient cause for not filing in time. This is not a formality. Courts scrutinise condonation applications closely, and a vague or generic explanation rarely survives.
Section 5 does not apply to ordinary suits, only to appeals, revisions, reviews, and specified applications. If the underlying matter is a suit filed late, this is not the right tool, and that distinction alone saves a lot of wasted filings.
The 3 Facts That Actually Decide These Applications
1. “Sufficient cause” means something specific, not just an excuse. Courts look for a genuine, verifiable reason beyond the applicant’s control, illness, being outside the country, a family emergency, or an advocate’s genuine oversight properly explained, not a vague reference to “personal reasons” or “unavoidable circumstances” with nothing behind it.
2. Every single day of delay needs to be accounted for, not just the overall gap. Courts have repeatedly rejected applications that explain the general situation but leave gaps in the timeline unexplained. If the delay was fifty days, the application should account for what happened across roughly that entire period, not just the headline reason.
3. Timing and consistency of the explanation matter. An application that changes its story between the first filing and a later hearing, or waits an unusually long time to even file the condonation request itself, undermines its own credibility before the court even reaches the merits.
Step by Step
- Identify the exact number of days of delay, calculated precisely from the last date the proceeding could have been filed on time.
- Gather concrete evidence supporting the reason for delay, medical records, travel documents, correspondence, anything that turns the explanation from an assertion into a demonstrated fact.
- Draft the application under Section 5 of the Limitation Act 1908, stating the day-by-day account of the delay and attaching supporting documents as annexures.
- File it together with the main appeal, revision, or application it relates to, not as a separate, disconnected filing.
- Be ready to argue it as a real application, not a formality, since the opposing side will often specifically challenge the sufficiency of the cause shown.
Where This Gets Genuinely Misused
- An advocate who files a template condonation application with generic language, “due to unavoidable circumstances,” specifically because filling in the real reason would expose that the delay was simply an oversight with no real excuse.
- A party who deliberately delays raising the condonation request itself, hoping the passage of time will make the court less inclined to scrutinise it closely, when in fact the opposite tends to happen.
- A litigant who manufactures or exaggerates a medical or travel excuse without genuine supporting documents, betting that the court will not ask for proof.
Practical Tips
- Never file a condonation application with vague language when specific, provable facts are available. Specificity is what actually persuades a court, not sympathetic phrasing.
- Attach documentary proof wherever possible. An unsupported claim of illness or travel carries far less weight than the same claim backed by a medical certificate or a travel record.
- File the condonation application at the same time as the delayed proceeding itself, not as an afterthought once an objection is raised.
1) Application for Condonation of Delay Format
IN THE COURT OF ________ AT KARACHI
MISC. APPLICATION NO. ____ OF 20____
ABC …………………………………………………………… Applicant
VERSUS
XYZ …………………………………………………………… Respondent
APPLICATION UNDER SECTION 5 OF THE LIMITATION ACT, 1908, FOR CONDONATION OF DELAY
Respectfully Sheweth:
- That the applicant intends to file the accompanying [appeal/revision/application], which is delayed by ______ days beyond the prescribed period of limitation.
- That the delay occurred due to the following reasons, [state the specific facts, day by day where relevant]: _____________________________________________________________________
- That the delay was neither wilful nor deliberate, and the applicant has a genuine and meritorious case that deserves to be heard on its merits.
- That no prejudice will be caused to the respondent if the delay is condoned, whereas grave prejudice will be caused to the applicant if this application is refused.
Prayer
It is therefore respectfully prayed that this Honourable Court may graciously be pleased to condone the delay of ______ days and admit the accompanying [appeal/revision/application] for hearing on merits.
Applicant Through Counsel: Ammar Khan, Advocate
KARACHI DATED: ______________
2) Application For Condonation Of Delay Format
The format of the application for condonation of delay is given below:
IN THE COURT OF ___________ JUDICIAL MAGISTRATE
AT KARACHI DISTRICT ___________
Criminal case No: _____ of 20_______
ABC —————————————————————————————- Applicant/Accused
V E R S U S
XYZ ————————————————————————————— Respondent
APPLICATION FOR CONDONATION OF DELAY
It is most respectfully prayed on behalf of the Accused above named that this Honourable Court may kindly be pleased to Condone the absence of the Accused for the reason is that _______________________________________________________________________________________________________ (such as illness, non-availabilty of record, bona fide mistake, or unavoidable the delay occured), that is why the Applicant/Accused could not apply within the prescribed period. Therefore in view of above circumstances kindly be pleased to condone the absence of Accused and fix the above matter on any date after _________ in the larger and prime interest of Justice.
Prayed Accordingly
KARACHI
DATED: ______________
ADVOCATE FOR ACCUSED
Frequently Asked Questions
1. Does Section 5 of the Limitation Act apply to every type of case?
No. It applies to appeals, revisions, reviews, and specific applications, not to ordinary suits, which are governed by different rules entirely.
2. What counts as “sufficient cause” for delay?
A genuine, specific, and ideally documented reason beyond the applicant’s control, such as illness, absence from the country, or a properly explained oversight, not a vague or generic excuse.
3. Do I need to explain every day of the delay, or just the general reason?
Every day matters. Courts have consistently rejected applications that leave gaps in the timeline unexplained, even where the general reason given sounds plausible.
4. Should the condonation application be filed separately or with the main case?
Together with the appeal, revision, or application it relates to, not as a disconnected, standalone filing.
Disclaimer
The format and information provided above are for educational and reference purposes only. They are intended to offer general guidance on legal drafting and procedure and should not be treated as legal advice. Each case depends on its own specific facts, applicable law, and court practice; therefore, users are advised to modify the format according to their particular circumstances and seek professional legal advice as necessary.
A Question for Our Readers
Have you had a condonation application where the real turning point was the specificity of the explanation, day by day, rather than how sympathetic the underlying reason sounded? Share how you approached it in the comments. It is exactly this kind of practical experience that helps other advocates draft an application that actually survives scrutiny.
Author: Ammar Khan, Advocate, Sindh Bar Council