Section 5 explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
Section 5 allows a court to admit an appeal or an application after the prescribed period if the appellant or applicant shows sufficient cause for the delay. It is written for appeals and applications only. It does not cover suits, and it does not cover applications under any provision of Order XXI of the Code of Civil Procedure, 1908.
This article follows the consolidated text of the Act consulted (latest amendment shown: Act 46 of 1999). Later amendments should be checked before you rely on it.
Section 5 says an appeal or application "may be admitted after the prescribed period if the appellant or the applicant satisfies the court that he had sufficient cause" for not filing in time. It is not available for suits, and it excludes applications under Order XXI of the Code of Civil Procedure, 1908. The Explanation adds that being misled by an order, practice or judgment of the High Court in working out the period may be sufficient cause.
The text of section 5
The section is titled "Extension of prescribed period in certain cases". It reads: "Any appeal or any application, other than an application under any of the provisions of Order XXI of the Code of Civil Procedure, 1908 (5 of 1908), may be admitted after the prescribed period if the appellant or the applicant satisfies the court that he had sufficient cause for not preferring the appeal or making the application within such period."
Breaking it into parts:
| Part of the section | What it means |
|---|---|
| "Any appeal or any application" | The section is for appeals and applications. |
| "other than an application under any of the provisions of Order XXI" | Applications made under Order XXI of the Code of Civil Procedure, 1908 are outside the section. |
| "may be admitted" | Admission is a power of the court; the section does not say the court must admit. |
| "after the prescribed period" | The section works only where the prescribed period has already run out. |
| "satisfies the court that he had sufficient cause" | The burden is on the appellant or applicant. |
| "for not preferring the appeal or making the application within such period" | The cause must explain why the filing was not made within the period. |
The text does not define "sufficient cause" and does not list examples. This article therefore does not list reasons that qualify. What the section gives is the test; the court applies it to the facts before it. If you are unsure whether your matter is an appeal, an application or a suit, a dispute resolution consultation helps classify it before the dates are examined.
Who can use section 5
Appellants and applicants. The section names "the appellant or the applicant". It is a route for a person who has missed the period for an appeal or an application.
Not plaintiffs in a suit. The words of the section are "any appeal or any application". A suit is neither: the Act defines a "suit" so that it does not include an appeal or an application (section 2(l)). Delay in instituting a suit therefore cannot be treated as covered by section 5. For suits, the Act's other provisions that change the count of time, such as the exclusions in sections 12 to 15, are what the text offers. See sections 12 and 13 and section 14.
Not applications under Order XXI. Order XXI of the Code of Civil Procedure, 1908 deals with execution, and the section excludes "an application under any of the provisions of Order XXI". The Schedule's applications for execution are therefore outside section 5 even though they are applications.
The Explanation and the printing slip
The Explanation reads: "The fact that the appellant or the applicant was missed by any order, practice or judgment of the High Court in ascertaining or computing the prescribed period may be sufficient cause within the meaning of this section."
The word "missed" appears as printed, and it reads like a slip for "misled". The article quotes the text as it stands. The sense the sentence appears to carry is that being misled by an order, practice or judgment of the High Court about how the period is to be worked out may count as sufficient cause. Note that the Explanation says "may be", so it does not make that circumstance automatically sufficient.
How section 5 fits with the rest of the Act
Section 3(1) bars appeals and applications made after the prescribed period. Section 3 is stated to be subject to sections 4 to 24, and section 5 sits among them. So section 5 is one of the provisions that can allow a late appeal or application to be admitted despite section 3. See our article on sections 3 and 4.
Section 5 is also different in kind from the exclusion provisions. Sections 12 to 15 take certain days out of the count, so the prescribed period itself is longer. Section 5 leaves the period as it is, and asks the court to admit the filing after it has expired. Excluding the days the Act allows should therefore come first, and only then is it clear whether a delay exists to be explained at all.
A date illustration with invented facts: say an appeal period is thirty days from a date and, after the Act's exclusions, the last day was 14 August 2026. Aarav Industries files the appeal on 20 August 2026. The filing is six days after the end of the prescribed period. Section 5 is the provision under which Aarav Industries would have to satisfy the court of sufficient cause for those six days; the section does not promise admission.
Special laws
Section 29(2) provides that where a special or local law prescribes its own period, sections 4 to 24 apply only so far as that law does not expressly exclude them. So whether section 5 is available in a tax, insolvency, company, arbitration, consumer, MSME or cheque dishonour proceeding depends on the special law. Do not assume it is. Our posts on condonation of delay before the NCLT, condonation of delay in GST appeals and a condonation of delay application in income tax deal with those regimes separately; treat them as the starting point for those laws rather than as an application of this Act.
For the procedure of civil appeals, see first and second appeals under the CPC.
Need help with a late appeal or application?
If an appeal or application is close to or past its time limit, the first step is to classify the proceeding and work out the exact dates. Our team can help you with that through legal dispute resolution support, so the explanation for the delay rests on accurate dates.
Key takeaways
- Section 5 applies to appeals and applications that are filed after the prescribed period.
- It does not apply to suits and does not apply to applications under Order XXI of the Code of Civil Procedure, 1908.
- The appellant or applicant must satisfy the court that there was sufficient cause; the text does not define it.
- Admission under the section is a power ("may be admitted"), not a right.
- The Explanation uses the word "missed"; this looks like a slip for "misled".
- A special or local law may fix a different period or exclude section 5 (section 29(2)).
Read next
- Sections 3–4: bar of limitation and court closed on the last day
- Section 14: exclusion of time spent in a court without jurisdiction
- Articles 114–117: appeals under the criminal and civil procedure codes
- How to apply for condonation of delay before the NCLT
Disclaimer: Based on a consolidated text of the Limitation Act, 1963 and its Schedule whose latest amendment shown is Act 46 of 1999, as consulted on 2 October 2026. A special or local law may fix a different period; later amendments and the current procedural law should be checked. This article is general information, not legal advice; check the official text before acting.