Law of Limitation in India

The Law of Limitation in India comprises of the Limitation Act, 1963 and the a few other special laws. The combined effect of all these laws provides for the period after which a legal action cannot be brought to a judicial forum. This period is called the limitation period and any legal suit brought to the courts or the tribunals after such a period is barred by limitation.

Recently, the Supreme Court took cognizance of the issues pertaining to period of limitation, and passed an order providing much need relief to litigants. The Supreme Court bench passed an order recently in effect extending the period of limitation of all proceedings at all Courts/Tribunals across the country including the Supreme Court, from 15th March, 2020, till an order to this effect is passed. The extension of this limitation period shall be irrespective of the limitation prescribed under the general law or Special Laws, whether condonable or not.

The law declared by the Supreme Court is binding on all the courts in India. Therefore, for litigants whose legal actions had the limitation period ending after the 15th March, 2020, but were unable to pursue such litigation due to the lock-down, have been provided with a relief.

These litigants will be able to initiate proceedings in accordance with the future order of the Supreme Court when the lockdown has been eased and the Courts resume full functioning.

Stay safe and stay tuned for more updates.

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