Surge in Covid cases: SC to restore its order on relaxation in limitation period for filing court matters

PTI, Jan 10, 2022, 8:46 PM IST

The Supreme Court Monday agreed to a plea of a lawyers’ body seeking to restore relaxation of the limitation period for filing cases before judicial and quasi-judicial fora in view of the alarming surge in COVID-19 cases across the country.

A special bench comprising Chief Justice N V Ramana and Justices L Nageswara Rao and Surya Kant took note of the submissions of the Supreme Court Advocates On Record Association (SCAORA) that earlier orders relaxing the time period for filing cases, including replies, be extended to ensure that litigants do not suffer the consequences for not filing them within statutorily-mandated time period.

“This application has been filed by the SCAORA seeking restoration of March 8, 2020 and April 27, 2021 orders in wake of the present situation of the pandemic. Over 1.79 lakh COVID cases have been reported yesterday and 147 people have died of it.

“There were 22,751 COVID cases in Delhi alone. Seventeen COVID deaths have been reported from Delhi…The request is to kindly extend the limitation,” said Shivaji Jadhav, the president of SCAORA.

Attorney General K K Venugopal supported the plea and urged the bench to accept it saying the time extension of limitation period had ended on October 2 last year and can be extended after that date.

“We are accepting,” the bench said, adding that a formal order would be passed in the matter.

The bench, meanwhile, took strong note of the submission of a lawyer that the litigants be asked to justify the non-filing of the cases, replies etc.

“We will dismiss this with exemplary costs,” the bench said leading to the withdrawal of the interim plea.

Earlier, the apex court had agreed to hear the pleas for restoration of relaxation of the limitation period for filing court cases in view of the alarming surge in COVID-19 cases.

The SCAORA, in its plea, has urged that the March 23, 2020 and April 27, 2021 rulings by which the orders extending statutory limitation were put in abeyance be restored.

”There has been a sudden and drastic change in the situation with regard to the pandemic as a new variant more particularly Omicron has seen a drastic surge… considering the alarming rate at which there is a rise in the mortality rate due to Covid and also the rise in new cases, it becomes necessary to restore the relaxation with regard to the period of limitation,” the plea said.

The apex court had said in September last year that the relaxation granted on the limitation period for filing court cases in the wake of the pandemic would come to an end on October 2, 2021.

It had ordered that the period from March 15 last year till October 2, 2021 shall stand excluded from computing the period of limitation.

The apex court had on March 23, 2020 invoked its plenary power under Article 142 of the Constitution to extend the limitation period indefinitely for appeals from courts or tribunals on account of the pandemic with effect from March 15, 2020.

On March 8, 2021, the top court had noted that the country is ”returning to normalcy” and had decided to end the extension of the limitation period which was granted in March 2020 to the litigants due to the pandemic.

However, the court on April 27, 2021 took note of the onset of the second COVID-19 wave and again relaxed the statutory period for filing petitions, including election petitions, under the Representation of the People Act, 1951.

On March 8, 2021, the order dated March 23, 2020 was brought to an end, permitting relaxation of the period of limitation between March 15, 2020 and March 14, 2021. While doing so, it was made clear that the period of limitation would start from March 15, 2021, it said.

The bench said as the March 8, 2021 order was only a one-time measure, in view of the pandemic, it is not inclined to modify the conditions contained in that order.

It said the period from March 15, 2020 till October 2, 2021 shall also stand excluded in computing the periods prescribed under the Arbitration and Conciliation Act, the Commercial Courts Act, the Negotiable Instruments Act and any other laws which prescribe periods of limitation.

”The Government of India shall amend the guidelines for containment zones, to state. Regulated movement will be allowed for medical emergencies, provision of essential goods and services, and other necessary functions, such as, time-bound applications, including for legal purposes, and educational and job-related requirements,” the bench said in its order.

While hearing the matter on September 23, 2021, the bench had taken note of the improved pandemic situation and observed that it will recall its April 27 order by which it had extended the operation of an earlier direction on limitation period.

It had observed that the suo motu extension of the limitation period will be withdrawn and after that, the usual limitation period of 90 days for filing cases in courts will come into effect once again.