SC excludes one year to 14 March ’21 for computing limitation period
The Supreme Court has ordered exclusion of period from 15 March 2020 to 14 March 2021 for computing limitation period for any suit, appeal, application or proceeding.
The apex court in its order has said that in case where the period of limitation would have expired during 15March 2020 to 14 March2021, notwithstanding the actual balance period of limitation remaining, all persons will have a limitation period of 90 days from 15 March 2021.
In the event the actual balance remaining, with effect from 15 March 2021, is greater than 90 days, that longer period will apply.
Due to the onset of COVID-19 pandemic, the Supreme Court took suo motu cognizance of the situation arising from difficulties that might be faced by the litigants across the country in filing petitions/applications/suits/appeals/all other proceedings within the period of limitation prescribed under the general law of limitation or under any special laws (both Central or State). The court in an order on 27 March 2020 had extended the period of limitation prescribed under the general law or special laws whether compoundable or not with effect from 15 March 2020 till further orders.
The period from 15 March 2020 till 14 March 2021 will also stand excluded in computing the periods prescribed under Sections 23 (4) and 29A of the Arbitration and Conciliation Act, 1996, Section 12A of the Commercial Courts Act, 2015 and provisos (b) and (c) of Section 138 of the Negotiable Instruments Act, 1881 and any other laws, which prescribe period(s) of limitation for instituting proceedings, outer limits (within which the court or tribunal can condone delay) and termination of proceedings.
The Limitation Act, 1963 prescribes a time limit within which a suit can be filed against someone. The time limit prescribed for most suits is three years, but there are others like recovery of immovable properties, it is 12 years and for foreclosure of a mortgage, the limit prescribed is 30 years.
Also Read: Insolvency law cannot escape Limitation Act, says Supreme Court
