Supreme Court On Suspension Of Limitation Period

Introduction:

Due to the outbreak and rapid spread of covid-19 pandemic, the Government of Maharashtra, Public Health Department, issued notification dated March 14, 2020 1 viz., The Maharashtra COVID-19 Regulations, 2020 and implemented containment measures such as, sealing of the geographical area, banning entry or exit of people from the containment area, closure of schools, offices, gyms, cinema halls, swimming pools, sports complexes and banning public gatherings, banning vehicular movement, initiating active and passive surveillance, hospital isolation of all suspected cases, designating government buildings as containment unit, etc. If any person, institution or organization is found violating any provisions of the COVID-19 Regulations, it would be deemed as an offence under Section 188 of the Indian Penal Code, 1860, which penalizes disobedience of an order duly promulgated by a public servant. This understandably impacted filing of proceedings by litigants/Advocates within the time stipulated under law. The Hon’ble Supreme Court of India, in March 2020, took suo motu cognizance of the difficulties that were faced by litigants due to sudden outbreak of Covid-19 Pandemic in filing petitions, applications, suits, appeals, and all other proceedings within the limitation period prescribed by the general law or any special law (both central and state) and accordingly the Hon’ble Supreme Court of India by exercising its plenary powers under Article 142 read with Article 141 of the Constitution of India, 1949 passed orders from time to time suspending the limitation prescribed under the general and special laws.

Orders passed by the Hon’ble Supreme Court of India on suspension of limitation prescribed under the general and special laws from time to time

  1. The Hon’ble Supreme Court on 23rd March 2020 in Suo Moto Civil Writ Petition (Civil) No. 3 of 2020 2directed extension of the period of limitation irrespective of period of limitation prescribed under the special or general law whether condonable or not in all proceedings before the courts and tribunal including the Hon’ble Supreme Court with effect from March 15, 2020 until further orders.
  2. Thereafter, on 6th May 20203 while disposing off Interlocutory/Intervention Applications filed for seeking clarification in Suo Moto Civil Writ Petition (Civil) No. 3 of 2020 directed that period of limitation prescribed under the Arbitration and Conciliation Act, 1996 and Section 138 of Negotiable Instruments Act, 1881 shall be extended with effect from Mach 15, 2020 till further orders.
  3. Subsequently, on 10th July 20204 while disposing off Interlocutory Applications filed in Suo Moto Civil Writ Petition (Civil) No. 3 of 2020 the Apex Court directed that (i) earlier order dated 23rd March 2020 and 6th May 2020 shall apply for extension of time limit for passing arbitral award under section 29-A and shall also apply for extension of the time limit prescribed under section 23(4) of the Arbitration and Conciliation Act, 1996; (ii) that the time period prescribed for completing the compulsory pre-litigation mediation and settlement under section 12-A of the Commercial Courts Act, 2015 shall stand extended from the time when the lockdown is lifted plus 45 days i.e. the period of lockdown plus 45 days; (iii) services of notices, summons and pleadings/documents may be effected by email, fax, commonly used instant messaging services such as whatsapp, telegram, signal etc.
  4. Considering the lifting of lockdown in various part of the country and reduction in cases of the Covid-19, the Hon’ble Supreme Court vide order dated 8th March 2021 in Suo Moto Civil Writ Petition (Civil) No. 3 of 2020 5 decided to bring an end to the extension on limitation granted earlier vide order dated 23rd March 2020 by giving directions as mentioned below:
    1. In computing the period of limitation for any suit, appeal, application or proceeding, the period from 15-03-2020 till 14-03-2021 shall stand excluded and the balance period of limitation remaining as on 15-03-2020 shall be made available with effect from 15-03-2021 and in cases where period of limitation expired between 15-03-2020 till 14-03-2021, notwithstanding actual balance period of limitation remaining, all persons shall have a limitation period of 90 days from 15-03-2021, also if the actual balance period is greater than 90 days then longer period shall apply. Further, the period from 15-03-2020 till 14-03-2021 shall stand excluded for computing limitation period prescribed under various laws for institution of proceedings, termination of proceedings, condonation of delay.
  5. Immediately thereafter, due to outbreak of second wave of Covid -19 Pandemic across the country and considering the daily surge in COVID cases in Delhi and difficulties faced by Advocates and the litigants to institute cases in Supreme Court and other courts in Delhi, the Supreme Court Advocate on Record Association (SCAORA) filed Miscellaneous Application No. 665 of 2021 in Suo Moto Civil Writ Petition (Civil) No. 3 of 2020 seeking restoration of the earlier order dated 23rd March, 2020. The Hon’ble Supreme Court of India considering the rise in Covid-19 cases not only in Delhi but other parts of the country, vide order dated 27th April 2021 6 restored its order dated 23rd March 2020 and in continuation of its order dated 8th March 2021 directed that the periods of limitation, as prescribed under any general or special laws in respect of all the proceedings, whether condonable or not, shall stand extended till further orders and also that the period from 14th March, 2021 till further orders shall stand excluded for computing limitation period prescribed under various laws for institution of proceedings, termination of proceedings, condonation of delay.
  6. Thereafter, the Hon’ble Supreme Court of India vide its order dated 23rd September 2021 7 disposed off the Miscellaneous Application No. 665 of 2021 by giving the directions as mentioned below:-
    1. In computing the period of limitation for any suit, appeal, application or proceeding, the period from 15-03-2020 till 02-10-2021 shall stand excluded and the balance period of limitation remaining as on 15-03-2021 if any, shall become available with effect from 03-10-2021 and in cases where period of limitation expired between 15-03-2020 till 02-10-2021, notwithstanding the actual balance period of limitation remaining, all persons shall have a limitation period of 90 days from 03-10-2021, also if the actual balance period is greater than 90 days then longer period shall apply. Further, the period from 15-03-2020 till 02-10-2021 shall stand excluded for computing limitation period prescribed under various laws for institution of proceedings, termination of proceedings, condonation of delay.
  7. The Supreme Court Advocate on Record Association (SCAORA) taking note of new variant of Covid-19 and rise in Covid-19 cases across the country filed Miscellaneous Application No. 21 of 2022 before the Hon’ble Supreme Court of India seeking restoration of earlier order dated 23rd March 2020 and 27th April 2021. The Hon’ble Supreme Court of India vide its order dated 10th January 2022 8 disposed off the Miscellaneous Application No. 21 of 2022 by passing directions as mentioned below:-
    1. The order dated 23rd March 2020 is restored and in continuation of orders dated 8th March 2021, 27th April 2021 and 23rd September 2021, it was directed that in computing the period of limitation for any suit, appeal, application or proceeding, the period from 15-03-2020 till 28-02-2022 shall stand excluded and the balance period of limitation remaining as on 03-10-2021 if any, shall become available with effect from 01-03-2022 and in cases where period of limitation expired between 15-03-2020 till 28-02-2022, notwithstanding the actual balance period of limitation remaining, all persons shall have a limitation period of 90 days from 01-03-2022, also if the actual balance period is greater than 90 days then longer period shall apply. Further, the period from 15-03-2020 till 28-02-2022 shall stand excluded for computing limitation period prescribed under various laws for institution of proceedings, termination of proceedings, condonation of delay.
    2. We have given a table herein below giving an example of how to calculate the period of limitation in terms of the said order dated 10th January 2022. We have given an example of an application for which no period of limitation is prescribed elsewhere in the Schedule to the Limitation Act,
Sr. No. When the right to apply accrues Last date for filing the application without suspension Suspended period Last date for filing the application with suspension
1 14.11.2019 14.11.2022 15.03.2020 to 28.02.2022 31.10.2024
Where the limitation is expiring between 15.03.2020 till 28.02.2022 and the actual balance period is more than 90 days.
2 14.11.2016 13.11.2019
Where the limitation is expiring before 15.03.2020.
3 01.04.2017 31.03.2020 15.03.2020 to 31.03.2020 30.05.2022

Where the limitation is expiring between 15.03.2020 and 28.02.2022 and the actual balance period of limitation is less than 90 days

  1. The Hon’ble Supreme Court of India in the matter of Civil Appeal No. 1318 of 2022 (Prakash Corporates vs. Dee Vee Projects Limited9) vide its order dated February 14, 2022 having regard to the purpose for which the Hon’ble Supreme Court of India had exercised plenary powers under Article 142 read with Article 141 of the Constitution of India, 1949 held that the periods envisaged in the orders passed by the Hon’ble Supreme Court of India from time to time in Suo Moto Civil Writ Petition (Civil) No. 3 of 2020 are required to be excluded in computing the period of limitation even for filing written statement and even in cases where the delay is otherwise not condonable. Though the proviso to Order 8 Rule 1 of the Code of Civil Procedure, 1908 provides that in any suit in respect of a commercial dispute under the Commercial Courts Act, 2015 if a Defendant fails to file a written statement within a maximum period of 120 days from the date of service of summons, the Hon’ble Court shall not allow the written statement to be taken on record. Thus, the Hon’ble Supreme of India did not leave a single stone unturned by exercising its plenary powers and carved out an exception to the applicable statutes.
  2. In view of the aforesaid orders of the Hon’ble Supreme Court, several other Courts issued circulars and orders granting various reliefs to litigants, such as (i) the order by the Hon’ble High Court of Bombay directing the Municipal Corporation not to proceed with demolition of building and eviction of tenants and also continuation of interim reliefs granted earlier, (ii) circulars issued by Hon’ble Maharashtra Real Estate Regulatory Authority granting extension of project validity and benefits of moratorium in payment of interest.

Author’s view:

The orders passed by the Hon’ble Supreme Court of India from time to time in Suo Moto Civil Writ Petition (Civil) No. 3 of 2020 came in as a big relief to all the litigants in overcoming the hardships that might have been faced by the litigants due to sudden outbreak of Covid-19 Pandemic in filing petitions, applications, suits, appeals, and all other proceedings within the limitation period prescribed by the general law or any special law (both central and state). However, litigators are still struggling to calculate the suspended period of limitation while calculating the end date. Hope this article comes to their rescue.

In a given case where the said Supreme Court order applies and the suit is filed within the period of limitation as stipulated therein, there is no requirement of filing an application seeking condonation of delay /showing sufficient cause for not filing the suit/proceeding during the period 15.03.2020 to 28.02.2022. It is for the Defendant/Respondent to satisfy the Court that the said Supreme Court order does not apply and that the limitation period has expired and sufficient cause ought to have been shown by the Plaintiff for delay in filing.

Footnotes

https://arogya.maharashtra.gov.in/pdf/30.pdf

2 2020 SCC OnLine SC 343

3 (2020) 19 SCC 9

4 (2020) 9 SCC 468

5 (2021) 5 SCC 452

6 2021 SCC OnLine SC 373

7 2021 SCC OnLine SC 947

8 2022 SCC OnLine SC 27

9 (2022) 5 SCC 112

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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