Legal Talks by Desikanoon

Supreme Court on Extension on Period of Limitation - Part II

Episode Summary

In one of the earlier posts, I had talked about the case of In Re: Cognizance for Extension of Limitation, Suo Motu Writ Petition (Civil) No. 3/2020, wherein the issue relating to period of limitation prescribed under various laws was considered in light of onset of Covid-19 pandemic by the Hon’ble Supreme Court. In the present post, we shall discuss a subsequent Order that has been passed in that case. To read more about it, please visit our Blog http://www.desikanoon.co.in/2021/05/supreme-court-period-computation-limitation-negotiable-instruments-arbitration-extension-suspended-india-disaster-management-further.html Please subscribe and follow us on YouTube, Instagram, iTunes, Twitter, LinkedIn, Discord, Telegram and Facebook. Credits: Music by Wataboi from Pixabay Stay tuned for more updates. Thanks for listening!

Episode Notes

Observations by the Court

 

Before proceeding any further, it would be pertinent to note that on 23.03.2020 and 27.03.2020, the Hon’ble Supreme Court had extended “the period of limitation prescribed under the general law or special laws whether compoundable or not with effect from 15.03.2020 till further orders.” Thereafter on 08.03.2021, the Hon’ble Supreme Court passed a subsequent Order stating that since the country is returning to normalcy and the Courts have started functioning physically as well, the extension of limitation earlier granted was regulated and brought to an end.

 

Now, the Covid-19 situation is again haunting the entire country and thus, vide Order dated 27.04.2021, the Hon’ble Supreme Court passed an Order providing for the following: -

 

1. The Court took judicial notice of the fact that there has been a steep rise in Covid-19 cases in the entire country and this situation requires extraordinary measures to minimize the hardship of the litigants.

 

2. The Hon’ble Supreme Court restored the “order dated 23rd March, 2020 and in continuation of the order dated 8th March, 2021 direct that the period(s) of limitation, as prescribed under any general or special laws in respect of all judicial or quasi-judicial proceedings, whether condonable or not, shall stand extended till further orders.”

 

3. The Court also clarified that the period of 14th March 2021 till further orders shall also stand excluded in computing the periods of limitation for instituting proceedings, outer limits (within which the court or tribunal can condone delay) and termination of proceedings.

 

4. Interestingly, the Court also observed that it is passing the Order dated 27.04.2021 in exercise of powers under Article 142 read with Article 141 of the Constitution of India thereby making it a binding order within the meaning of Article 141 on all the Courts, Tribunals and Authorities of the country.

 

Concluding Remarks

 

This was a much-needed Order and shows the uncertainty that is prevailing under the current circumstances. Suspending the periods of limitation should provide a breather to the litigants who are not in a position to pursue their respective judicial proceedings.

 

However, I would have appreciated this much more had this Order or directive come from the Legislature or the Executive. The Hon’ble Supreme Court is literally doing the work of the Executive and the Legislature by suspending the periods of limitations temporarily. Suspending the periods of limitation means that the relevant provisions of the various laws of this country will remain ineffective for the time being. It may seem a small thing to a layman but in legal terms, this is akin to imposition of stay on the relevant provisions of law relating to periods of limitation.

 

People have to move the Supreme Court to secure such Orders and it is clearly a blot on the functioning of the Executive and the Legislature that they failed to do so and therefore, the people had to take trouble to make such applications before the Hon’ble Supreme Court. Still the time is not lost and I urge the Executive and the Legislature of this country to wake up from their slumber with respect to the periods of limitation and pass a statutory instrument to this effect indicating in concrete terms, the time for which the periods of limitation shall remain suspended. Any such law passed by the Parliament of India would have a positive effect and the litigants would be able to plan their legal proceedings in much better and effective manner.