Will the period of limitation be effected by the Lockdown?
For example if there were no lockdown a person could file a suit on 1st April & his limitation to file that suit ends on 5th April...but now due to lockdown he cannot file a suit on either 1st or 5th April.
ITEM NO.12 COURT NO.1 SECTION PIL-W
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
SUO MOTU WRIT PETITION (CIVIL) No(s).3/2020
IN RE : COGNIZANCE FOR EXTENSION OF LIMITATION
Date : 23-03-2020 This petition was taken up suo motu for hearing
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE L. NAGESWARA RAO
HON'BLE MR. JUSTICE SURYA KANT
By Courts Motion
Mr. Tushar Mehta, SG
Ms. Swati Ghildiyal, Adv.
Mr. Ankur Talwar, Adv.
Mr. G.S. Makkar, Adv.
Mr. Raj Bahadur, Adv.
Mr. B.V. Balaram Das, AOR
Mr. Dushyant Dave, Sr. Adv.
UPON hearing the counsel the Court made the following
O R D E R
This Court 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).
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.
We are exercising this power under Article 142 read with
Article 141 of the Constitution of India and declare that this
order is a binding order within the meaning of Article 141 on all
Courts/Tribunals and authorities.
This order may be brought to the notice of all High Courts for
being communicated to all subordinate Courts/Tribunals within their
Issue notice to all the Registrars General of the High Courts,
returnable in four weeks.
urgent and limitation matter are still filing in the Courts, however, in view of the judgment mentioned by the Adv Vinay Mathur it is ascertained that a certain period (lockdown) will be exempt from the limitation calculation