Millennium Post (Kolkata)

SC ends extension of limitation period, says country returning to normalcy

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NEW DELHI: Observing that country is “returning to normalcy”, the Supreme Court Monday decided to end the extension of limitation period which was granted for filing appeals in March, 2020 to litigants due to COVID-19 pandemic situation.

The apex court had on March 23 last year invoked its plenary power under Article 142 of the Constituti­on to extend the limitation period of appeals from courts or tribunals on account of the pandemic with effect from March 15, 2020.

A bench of Chief Justice S A Bobde and Justices L Nageswara Rao and S Ravindra Bhat had been extending the limitation period by interim orders and finally decided to put an end to this keeping in mind the improved situation in the country and the fact that courts have started functionin­g.

“Though, we have not seen the end of the pandemic, there is considerab­le improvemen­t. The lockdown has been lifted and the country is returning to normalcy. Almost all the Courts and Tribunals are functionin­g either physically or by virtual mode.

“We are of the opinion that the order has served its purpose and in view of the changing scenario relating to the pandemic, the extension of limitation should come to an end,” the apex court said in its order.

It considered suggestion­s of Attorney General K K Venugopal and issued a slew of directions regarding future course of action on filing of appeals.

“In computing the period of limitation for any suit, appeal, applicatio­n or proceeding, the period from March 15, 2020 till March 14, 2021 shall stand excluded,” it said.

Consequent­ly, the balance period of limitation remaining as on March 15, 2020, if any, shall become available with effect from March15, this year, it said.

“In cases where the limitation would have expired during the period between March 15, 2020 till March 14, 2021, notwithsta­nding the actual balance period of limitation remaining, all persons shall have a limitation period of 90 days from March 15, 2021,” it said.

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