Condonation of Delay Application: Format and How to Draft (2026)

Format · Drafting

Updated for 2026 · Claw Editorial

When an appeal or an application is filed after the time limit, the court can still accept it if you show a good enough reason for the delay. The request you file for this is a condonation of delay application under Section 5 of the Limitation Act, 1963. It is a short application, backed by an affidavit, that explains the delay honestly and asks the court to condone it. This page explains when you need it, what sufficient cause means, and gives a usable format with the supporting affidavit, plus the mistakes that get such applications rejected. Last verified October 2026.

01What this application is

Every appeal and most applications have a time limit set by the Limitation Act, 1963, or by the special law that applies. If you miss that limit, the appeal or application is time-barred and would normally be rejected. Section 5 of the Limitation Act is the escape valve: it lets the court admit a late appeal or application if you satisfy it that you had sufficient cause for not filing in time.

The condonation of delay application is simply the written request, filed with the late appeal or application, asking the court to use this power. It is always supported by an affidavit that sets out the facts of the delay. For the wider framework, see condonation of delay explained.

02When you need it

You need a condonation of delay application whenever you file after the limitation period, for example:

• an appeal filed after the 30, 60, 90 days or other period fixed for it;
• a revision or review filed late;
• an application to set aside an ex parte order or a dismissal, filed late; or
• a late appeal before a tribunal, where its law applies Section 5 or a similar power.

03What sufficient cause means

There is no fixed list. Sufficient cause is any honest, reasonable explanation that shows you did not sit on your rights or act carelessly. Courts take a justice-oriented view: the Supreme Court in Collector, Land Acquisition v Mst. Katiji (1987) said a liberal approach should be taken so that cases are decided on merits rather than thrown out on technical delay, and later rulings warn that each day of delay need not be explained with pedantic rigour, but the explanation must be genuine.

Causes that courts commonly accept include serious illness, hospitalisation, a death in the family, a genuine mistake by counsel, time lost in getting a certified copy, or a bona fide pursuit of a wrong remedy. Causes that fail include plain negligence, a deliberate wait, and a vague or false explanation.

04A usable format

Below is a general format you can adapt. Change the court name, the cause-title and the facts to your case, and always have it settled by an advocate. The numbers of days and the dates are illustrative.

IN THE COURT OF ____________________ AT ____________________

[Appeal / Application] No. __________ of 20____

IN THE MATTER OF:
AB ........................................ Appellant / Applicant
            VERSUS
CD ........................................ Respondent

APPLICATION UNDER SECTION 5 OF THE LIMITATION ACT, 1963
FOR CONDONATION OF DELAY OF ____ DAYS IN FILING THE ACCOMPANYING
[APPEAL / APPLICATION]

MOST RESPECTFULLY SHOWETH:

1. That the applicant is the [appellant] in the accompanying
   [appeal] against the order / judgment dated __________ passed
   by ____________________ in Case No. __________.

2. That the limitation for filing the said [appeal] expired on
   __________, and the present [appeal] is being filed on
   __________, with a delay of ____ days.

3. That the delay was neither intentional nor due to any
   negligence on the part of the applicant, but was caused by
   sufficient cause, namely:
   (state the real reason clearly, for example illness with
    hospital dates, delay in obtaining the certified copy,
    bereavement, or a bona fide mistake of counsel).

4. That the applicant has a good case on merits and will suffer
   irreparable loss if the delay is not condoned, whereas no
   prejudice will be caused to the respondent.

5. That this application is made bona fide and in the interest
   of justice.

PRAYER:
It is therefore prayed that this Hon'ble Court may be pleased to:
(a) condone the delay of ____ days in filing the accompanying
    [appeal / application]; and
(b) pass such other order as it deems fit in the interest of
    justice.

Place: __________                         Appellant / Applicant
Date: __________                      Through Counsel __________

Attach a separate supporting affidavit, set out below, and file this application together with the delayed appeal or application itself.

05The supporting affidavit

The application must be sworn by an affidavit. The affidavit repeats the facts of the delay on oath, so the court can rely on them. A short form is:

AFFIDAVIT

I, AB, aged ____ years, son / daughter of ____________,
resident of ____________________, do solemnly affirm and
state as follows:

1. That I am the applicant in the accompanying application
   and am competent to swear this affidavit.

2. That the facts stated in paragraphs 1 to 5 of the
   application are true to my knowledge, and I believe them
   to be true.

3. That the delay of ____ days was caused by the reasons
   stated therein and was not intentional.

DEPONENT

VERIFICATION:
Verified at ________ on this ____ day of ________ 20____ that
the contents of the above affidavit are true and correct to my
knowledge and belief, and nothing material has been concealed.

DEPONENT

Attach proof of the cause where you have it, such as hospital papers or the certified-copy application date. Documents make the difference between an accepted and a rejected application.

06What courts look for

When deciding whether to condone, courts weigh these points:

• Honesty of the explanation: a true, specific reason, not a vague one.
• Length of the delay: a short delay is easier to condone than a very long one, though even long delays can be condoned with a strong reason.
• Bona fides: that you were not negligent and did not deliberately wait.
• Prejudice: whether the other side would be unfairly harmed by allowing the late filing.
• Merits: that there is a real case worth hearing, so justice is served by a decision on merits.

Avoid the common mistakes: do not give a false reason, do not leave the delay unexplained, and do not file the condonation application without a supporting affidavit or without the actual appeal or application it covers.

07Where Claw fits

Claw is an all-in-one legaltech platform for Indian advocates, law firms, and corporate legal teams, combining AI-based case search, an AI legal assistant (Legal GPT), case management, and compliance automation across all Indian courts and tribunals.

Whether a delay is condoned often depends on how courts have treated similar reasons and similar lengths of delay. Claw lets you search 30 crore+ judgments, with Supreme Court decisions from 1950 and High Court decisions from 1990, to find rulings on sufficient cause for a delay like yours, in under 5 seconds. Once the late appeal is admitted, Claw tracks cases, orders and hearings across 9,102 courts, benches and forums, so you can follow the matter by party name. Claw does not use your case documents to train its AI models.

Create a FREE Claw account to find condonation rulings on point and track the matter once filed, using case search across Indian courts. For the appeal document itself, see the memorandum of appeal format.

08Sources and further reading

• India Code (Limitation Act, 1963, Section 5): indiacode.nic.in
• Supreme Court of India (Collector, Land Acquisition v Katiji): main.sci.gov.in
• Claw: clawlaw.in

This is a general format and information, not legal advice. Have the application and affidavit settled by an advocate and adapt them to your court and facts before filing.

09Frequently asked questions