Munmun Kaur
Published On: January 22, 2022 at 11:00 IST
Supreme Court in a Judgment on January 21, said that Section 5 of the Limitation Act does not apply to the institution of a civil suit in a Civil Court.
The observation was made while setting aside an Order of the National Consumer Disputes Redressal Commission (NCDRC). NCDRC, in its judgment, had observed that the Complainant would be at liberty to seek remedy in a competent Court. Further, if he chooses to bring an action in a Civil Court, he is free to file an application under Section 5 of the Limitation Act, 1963. The Commission had also recorded the statement of the State Bank of India that it will not press the issue of limitation if action is brought by the complainant in a Civil Court.
Section 5 of the Limitation Act provides that an appeal or any application, other than an application under any of the provisions of Order XXI of the Code of Civil Procedure 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.
The Apex Court observed that such an Order passed by the NCDRC was in utter ignorance of the India Limitation Act. Further, the Apex Court clarified the position of Law and said that Section 5 of the Limitation Act does not apply to the institution of a civil suit in the Civil Court.
The Apex Court thus allowed the appeal of the complainant and set aside the Order of NCDRC.