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In Re: Cognizance for Extension of Limitation

Writ Petition (Civil) · 2021 INSC 168Decided 8 Mar 2021
Writ Petition (Civil) No. 3 of 2020
Chief Justice S.A. Bobde · Justice L. Nageswara Rao · Justice S. Ravindra Bhat

Background

At the start of the COVID-19 pandemic, the Supreme Court had on its own motion (suo motu) taken cognizance of the difficulty litigants across India faced in filing suits, appeals, applications and other legal proceedings within prescribed limitation periods, and by an order dated 23.03.2020 extended all such limitation periods with effect from 15.03.2020 "until further orders," a direction repeatedly extended since then. By March 2021, with lockdowns lifted and courts functioning again (physically or virtually), the Court revisited whether this open-ended extension should continue.

Decision Breakdown

The Court held that the earlier blanket extension order had served its purpose given the improving pandemic situation, and on the Attorney General's suggestions, issued specific, calibrated directions instead: the period from 15.03.2020 to 14.03.2021 would be excluded when computing limitation for any suit, appeal, application or proceeding; where limitation would have expired during that window, everyone would get a fresh 90-day period from 15.03.2021 (or the longer remaining balance period, whichever is greater); and the same exclusion would apply to specific time limits under the Arbitration and Conciliation Act, the Commercial Courts Act, and the Negotiable Instruments Act (cheque bounce cases), among other limitation laws. The Government of India was also directed to amend containment-zone guidelines to permit movement for time-bound legal, educational and job-related requirements.

Lesson Learnt

During extraordinary disruptions like a pandemic, the Supreme Court can use its suo motu and Article 142 powers to protect litigants from losing their legal rights purely due to missed deadlines, but such relief is calibrated and wound down in a structured way (a defined exclusion period plus a fresh 90-day window) once normal functioning resumes, rather than continuing indefinitely.

Official source (sci.gov.in)View Judgment (PDF)

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