Extension of Limitation Period on Account of Covid-19

The Hon’ble Supreme Court of India in the case of “RE : COGNIZANCE FOR EXTENSION OF LIMITATION” has taken Suo Motu cognizance of the situation arising out of the challenge faced by the country on account of Covid-19 Virus and resultant difficulties that may be faced by litigants across the country in filing their petitions/applications/suits/ appeals/all other proceedings within the period of limitation prescribed under the general law of limitation or under Special Laws (both Central and/or State).

The Three-Judges Bench comprising of the Hon’ble Chief Justice Mr. Sharad Arvind Bobde, Hon’ble Mr. Justice L. Nageswara Rao and Hon’ble Mr. Justice Surya Kant has extended the limitation period w.e.f. from 15th March 2020 while exercising their power under Article 142 read with Article 141 of the Constitution of India and has declared this
order as binding order within the meaning of Article 141 on all Courts/Tribunals and authorities. The Court has observed in SUO MOTU WRIT PETITION (CIVIL) No(s).3/2020 by Courts motion- “To obviate such difficulties and to ensure that lawyers/litigants do not have to come physically to file such proceedings in respective Courts/Tribunals across the country including this Court, it is hereby ordered that a period of limitation in all such proceedings, irrespective of the limitation prescribed under the general law or Special Laws whether condonable or not shall stand extended w.e.f. 15th March 2020 till further order/s to be passed by this Court in present proceedings.”

It is an important decision considering the hardships caused to the litigants and inability to move to the courts due to the crisis faced by the world because of reverberations caused by Covid-19.

Published by meghachaturvedi

Associate Partner, H.K. Law Offices

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