Section 39 of AA : Section 39: Application Of Sections 5 And 12 Of Limitation Act, 1963

Explanation using Example

Imagine an attorney named Mr. Sharma has a disciplinary proceeding against him, resulting in the Bar Council suspending his license to practice law. Mr. Sharma wants to appeal this decision, but he misses the deadline to file the appeal due to a medical emergency. Normally, this would mean that Mr. Sharma cannot appeal the decision as he is past the limitation period. However, under Section 39 of The Advocates Act, 1961, the provisions of sections 5 and 12 of the Limitation Act, 1963 apply. This means that Mr. Sharma can file an application for condonation of delay, explaining the reason for his late filing. If the appellate authority finds his reason sufficient, they may allow his appeal to be heard despite the lapse in the prescribed time limit.