Limitation Of Time For Filing Cases Is Back

The time limits prescribed under various laws for an aggrieved person to approach courts will come into effect again. The Supreme Court has ended the extension of the limitation period which it had ordered last year due to the Covid-19 pandemic.

In a way, the order marks the beginning of the end of the pandemic for the legal system in India, said Senior Advocate Vivek Sood.

This was expected as there was a lot of clamour for putting an end to the order which had relaxed the period of limitation for filing cases, Lomesh Nidumuri, partner at IndusLaw, said.

In the order, the bench of Chief Justice of India SA Bobde, Justice L Nageswara Rao, and Justice S Ravindra Bhat passed the following directions:

In giving these directions, the Supreme Court noted that:

The exclusion of almost one year will give sufficient relief to people whose working was disrupted during the course of the pandemic, Senior Advocate Tarun Gulati said.

The order paves way for more cases being filed in the courts as many litigants held on to filing their cases due to the relaxation of the limitation period, said Lomesh. “It is critical for the litigants to now assess the limitation period for commencing their litigation,” he said. “Any delay in initiating legal action would bar their legal remedy.‘’

The next step in returning to normalcy will be to re-open the physical hearings in court which too is gradually happening, Sood said.

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