24 March 2020

COVID-19 effect – Limitation period in all petitions, appeals, etc. extended

The 3-Judge Bench of the Supreme Court has on 23rd of March extended the period of limitation in all petitions/applications/suits/ appeals/all other proceedings.

The Order extending the limitation period with effect from 15th of March till further order to be passed by the Apex Court, was passed exercising the power under Article 142 read with Article 141 of the Constitution of India. The Order was also declared a binding order within the meaning of Article 141 on all Courts/Tribunals and authorities.

It may be noted that according to the Order, the period of limitation in all such proceedings, will be extended irrespective of the limitation prescribed under the general law or special laws, whether condonable or not.

The Court took suo motu cognizance of the situation arising out of the challenge faced by the country on account of Covid-19 Virus and the resultant difficulties that may be faced by the litigants across the country in filing 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 extension, according to the Order, will obviate such difficulties and ensure that lawyers/litigants do not have to come physically to file such proceedings in respective Courts/Tribunals across the country including the Supreme Court.

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