Supreme court withdraws order extending limitation period w.e.f. 02.10.2021
Limitation period due to Pandemic —— The Hon’ble Supreme Court took suo motu cognizance of the situation arising from difficulties, which were faced by the litigants in filing petitions/applications/suits/appeals/all other proceedings within the period of limitation prescribed. The court vide order dated 27.03.2020 has extended the period of limitation prescribed under the law with effect from 15.03.2020 till further orders. Thereafter on 23rd March, 2020, the court observed that there is steep rise in COVID-19 Virus cases and accordingly, restored the order dated 23rd March, 2020. The court observed that the order dated 08.03.2021 is restored as the situation is near normal.
Held that:- The Hon’ble Supreme Court directed that in computing the period of limitation for any suit, appeal, application or proceeding, the period from 15.03.2020 till 02.10.2021 shall stand excluded. Consequently, the balance period of limitation remaining as on 15.03.2021, if any, shall become available with effect from 03.10.2021. In cases where the limitation would have expired during the period between 15.03.2020 till 02.10.2021, notwithstanding the actual balance period of limitation remaining, all persons shall have a limitation period of 90 days from 03.10.2021. In the event the actual balance period of limitation remaining, with effect from 03.10.2021, is greater than 90 days, that longer period shall apply.
Supreme court withdraws order extending limitation period w.e.f. 02.10.2021
Limitation period due to Pandemic —— The Hon’ble Supreme Court took suo motu cognizance of the situation arising from difficulties, which were faced by the litigants in filing petitions/applications/suits/appeals/all other proceedings within the period of limitation prescribed. The court vide order dated 27.03.2020 has extended the period of limitation prescribed under the law with effect from 15.03.2020 till further orders. Thereafter on 23rd March, 2020, the court observed that there is steep rise in COVID-19 Virus cases and accordingly, restored the order dated 23rd March, 2020. The court observed that the order dated 08.03.2021 is restored as the situation is near normal.
Held that:- The Hon’ble Supreme Court directed that in computing the period of limitation for any suit, appeal, application or proceeding, the period from 15.03.2020 till 02.10.2021 shall stand excluded. Consequently, the balance period of limitation remaining as on 15.03.2021, if any, shall become available with effect from 03.10.2021. In cases where the limitation would have expired during the period between 15.03.2020 till 02.10.2021, notwithstanding the actual balance period of limitation remaining, all persons shall have a limitation period of 90 days from 03.10.2021. In the event the actual balance period of limitation remaining, with effect from 03.10.2021, is greater than 90 days, that longer period shall apply.