Answer & Solution
Answer: Option
B
Solution:
Section 5 of the Indian Limitation Act, 1963 provides for the extension of the prescribed period for filing suits and appeals under certain circumstances. It empowers the courts to admit suits or appeals even if they are filed after the expiration of the prescribed limitation period, if the plaintiff or appellant can show "sufficient cause" for the delay.
Option A: The Section 10 of the Indian Limitation Act, 1963 deals with the exclusion of time in cases where the previous proceeding was dismissed for default or where a plaintiff omits to sue in a representative capacity. It is not specifically limited to situations where an appeal is already filed.
Option C: The Section 5 of the Indian Limitation Act, 1963 does not specifically pertain to situations where a suit is to be filed. It primarily addresses the extension of time for suits or appeals that are already filed and pending for disposal.
Option D: None of the above is not the correct answer in this context, as the question specifically asks for the correct statement regarding the applicability of Section 5 of the Indian Limitation Act.
Given the options provided, the correct answer is Option B: The Section 5 of the Indian Limitation Act, 1963 is applicable only to the situation where the suit or appeal is already filed and pending for disposal.
