Supreme Court will no longer extend the statute of limitations for cases from October 1st

Supreme Court will no longer extend the statute of limitations for cases from October 1st

In light of the COVID second wave, the Supreme Court announced on Thursday that it will recall its April 27, 2021 suo motu order, which extended the limitation period for submitting cases with effect from March 14, 2021.

The Court stated that the suo motu extension of the statute of limitations will be withdrawn as of October 1, 2021. It further stated that on October 1, a 90-day buffer period will be implemented. The Court stated that it will issue an order to that effect, outlining the terms and conditions of the agreement.

In the suo motu case In Re Cognizance For Extension of Limitation, a bench comprising Chief Justice of India NV Ramana, Justices L Nageswara Rao and Surya Kant made these findings. “I believe we can lift the order,” the Chief Justice of India informed India’s Attorney General, KK Venugopal, today.

The Attorney General agreed to the notion, stating that normalcy has already returned to the country and that he is unaware of any confinement zones. The AG suggested that the March 8, 2021 order (which revoked the March 23, 2020 suo motu extension of limitation) be reinstated.

Senior counsel Vikas Singh, appearing for the Election Commission of India, stated that if the extension is lifted, only 45 days should be granted for election petitions, as stipulated by the Representation of Peoples Act. A period of 90 days was previously allowed for filings, according to a March 8 order, Singh said.

The Supreme Court (SC) extended the time limit for plaintiffs to file appeals from courts or tribunals until further orders on April 27, amid an extraordinary rise of Covid-19 cases. The court said the spike had left litigants in a “difficult situation,” therefore it prolonged all statutes of limitations that were set to expire on March 14, 2021, until additional orders were issued.

The President of the Supreme Court Advocates-on-Record Association, Advocate Shivaji Jadhav, requested that the limitation extension be extended till the end of the year, citing the threat of a third wave.

This prayer was turned down by the bench. “We’ll see whether there’s a third wave,” the bench remarked.

After hearing the counsels, the CJI stated, “We shall pass orders.”

Prior to that, the highest court had halted the limitation period, which had been given for the first time in March 2020 due to the first wave, in the same month of March. The court stated at the time that the country was “returning to normalcy.” Cases and deaths began to rise at a high rate across the country soon after, prompting a second extension.

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