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.
Will he get the benefits of lockdown? That is from 24th March to 14th April be excluded from the days count and his limitation will now end on 25th April accordingly? (And not on 5th April)
Hi,
Answering your query regarding the impact on the limitation period due to the lockdown.
What is limitation?
Limitation entails fixing or stipulating a time frame for initiation of a legal action. Section 2 (j) of the Limitation Act, 1963 (“Limitation Act”), defines ‘period of limitation’ as period of limitation prescribed for any suit, appeal or application under the schedule to the Limitation Act, which covers a range of claims and their timelines.
How did the Supreme Court respond to the situation?
Due to the impact of coronavirus, the Supreme Court and several High Courts in India started taking up urgent matters using video-conferencing to ensure that access to justice remained available.
With the announcement of lockdown, it will be difficult to take even urgent cases up for hearing. As a result, litigants across the country were facing difficulty 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),
On March 23, 2020, the Supreme Court passed an order, inter alia, taking into account the difficulties that may be faced by the litigants across the country due to the COVID-19 pandemic and extending the limitation until further notice. This includes limitation for petitions, applications, suits, appeals, and all other proceedings under the general or special law both under central and/ or state legislations. This is done by the Supreme Court invoking their inherent power under Article 141 and 142 of the Constitution of India and is binding on all courts in India. The step is unheard of and is the use of the Supreme Court’s overarching powers, to ensure justice does not suffer.
So in your hypothetical, yes, the person will get the benefit of the limitation period until any order passed by the Supreme Court.
I hope this solves your query.
Regards,
Archit.
