For any case there’s a Period of Limitation, in brief the period given to a person to present this matter in front of the Court. On 23rd March, 2020 the Supreme Court has extended the Period of Limitation till further notice.
Brief facts
On Monday the 23rd March, 2020 the Supreme Court of India has lifted off the Period of Limitation which is effect from 15th March, 2020. This order is passed by the three-judge bench comprising of the Hon’ble Chief Justice of India S. Arvind Bobde, Hon’ble Justice L. Nageswara Rao and Hon’ble Justice Surya Kant. The order to extend the Period of Limitation shall apply to all the courts including the Supreme Court of India. The three-judge bench has made a statement saying “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[i]”.
Key Points
1. Supreme Court of India has extended the Period of Limitation from 15th March, 2020 until further notice.
2. The three-bench judge has passed this invoking its special power vested under Article 142of the Constitution of India.
3. The Apex Court has also held that the same shall be binding to all the Courts and Tribunals in India by the Article 141 of the Constitution of India.
4. The Apex Court has directed the authorities that this shall reach all the High Courts in India and also to the other sub-ordinate courts.
5. The Court has directed that the lawyers or the litigants need not come to courts physically to file a proceeding.
Conclusion
In the wake of Coronavirus turns to a very critical situation in India, the working of courts was brought into control, but the situation deteriorates nation-wide. In order to stop the spreading of the coronavirus the Supreme Court of India on Monday has ordered all the courts to extend the Period of Limitation until further notice, this will apple to the Supreme Court as well. The Court has also asked all the lawyers and other applicants not to attend courts to file the proceedings.
Edited by J. Madonna Jephi
Approved & Published – Sakshi Raje
End Notes
[i] Bar & Bench, Breaking: Period of Limitation for filing in all Courts/Tribunals stands extended with effect from March 15 [Read Order] Bar and Bench – Indian Legal news, https://www.barandbench.com/news/litigation/breaking-period-of-limitation-for-all-matters-stand-extended-with-effect-from-march-15 (last visited Mar 24, 2020).
