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In Re: v. Cognizance For Extension Of Limitation

In Re: v. Cognizance For Extension Of Limitation

(Supreme Court Of India)

Suo Motu W.P. (C) No. 3 of 2020 | 23-03-2020

ORDER

1. This Court has taken Suo Motu cognizance of the situation arising out of the challenge faced by the country on account of Covid-19 Virus and resultant difficulties that may be faced by litigants across the country in filing their 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).

2. 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.

3. We are exercising this power under Article 142 read with Article 141 of the Constitution of India and declare that this order is a binding order within the meaning of Article 141 on all Courts/Tribunals and authorities.

4. This order may be brought to the notice of all High Courts for being communicated to all subordinate Courts/Tribunals within their respective jurisdiction.

5. Issue notice to all the Registrars General of the High Courts, returnable in four weeks.
 

Advocate List
  • For Appellant: Tushar Mehta, Solicitor General and Dushyant Dave, Senior Advocate

Bench
  • HON'BLE JUDGE S.A. BOBDE
  • C.J.
  • HON'BLE JUDGE L. NAGESWARA RAO
  • HON'BLE JUDGE SURYA KANT
Eq Citations
  • ILR 2020 (2) KERALA 75
  • LQ/SC/2020/400
  • (2020) 19 SCC 10
  • 2023 (5) KarLJ 553
Head Note

Constitution of India — Art. 142 — Suo motu exercise of power under Art. 142 — Limitation — Suo motu extension of period of limitation in all proceedings, irrespective of limitation prescribed under general law or Special Laws whether condonable or not, standing extended w.e.f. 15th March, 2020 till further order/s to be passed by Supreme Court in present proceedings — To obviate 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 Supreme Court — Notice issued to all Registrars General of High Courts, returnable in four weeks — Law of Limitation — Limitation Act, 1963, Ss. 3 to 30, 3-A to 3-E and 3-G to 3-K — Courts/Tribunals — Supreme Court