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"Justice delayed is justice denied" is a legal maxim often quoted which means that if a legal remedy is available to a party that has suffered an injury/damage, but the said remedy is devoid of punctuality, it is effectively the same as having no remedy at all. In order to put a restriction on unnecessary slow-down in court procedures leading to a delay in justice, the Government of India has formulated the Limitation Act, 1963. The Act, as its preamble mentions was brought into being in order to consolidate and amend the law of limitation of suits and other proceedings connected therewith. Section 2(j) of the Act defines “period of limitation” as the time-bar applicable on any suit, appeal or application by the schedule, and “prescribed period” as the limitation computed in accordance with the provisions of the Act.
The Supreme Court on 23rd March, 2020 took up a suo moto petition for hearing. While exercising its inherent powers under Article 141 read with Article 142 of the Indian Constitution, which allows it to pass a necessary decree or order for catering complete justice in any cause or matter pending before it, took cognizance of the challenges faced by lawyers and their clients in the process of filing legal documents (petitions, applications, appeals etc) and adhering to other legal proceedings therewith, which are barred by a limitation period mentioned by a given general or special law (both Central and State) amid Covid-19 pandemic.
In furtherance of the issues faced by litigants which require them to make a physical appearance in court, the three-judge bench comprising of Chief Justice Bobde and Justices L Nageshwar Rao and Surya Kant 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 with effect from 15th March, 2020 till further order/s to be passed by this court in present proceedings”
This order stands binding up on all Courts and Tribunals across the entire territory of India, according to Article 141 of the Constitution. The Court also stated that this order must be brought to the notice of all High Courts which further have a duty to communicate this to all subordinate courts and tribunals under its respective jurisdiction. It also ordered for the issue of notice regarding the same to all Registrar Generals of High Courts.
The Solicitor General, Tushar Mehta while discussing these issues had previously suggested that appeals which are to become time barred in the next couple of weeks should be deemed to have been declared extended due to the current scenario.
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