Covid-19: SC extends the period of limitation for filing of cases, appeals

Decision taken following a plea filed by Supreme Court Advocates-on-Record Association

New Delhi, January 10: The Supreme Court on Monday extended the period of limitation for filing of cases and appeals under all general and special laws across India in view of the rising number of Covid-19 cases.

A Bench led by Chief Justice of India NV Ramana restored its March 23, 2020 and April 27, 2021 orders putting in abeyance statutory limitation periods following a plea filed by the Supreme Court Advocates-on-Record Association (SCAORA) after Attorney General KK Venugopal supported the plea.

“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 the new cases, it becomes necessary to restore the relaxation with regard to the period of limitation,” the SCAORA plea read.

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

However, as per orders passed by it in September 2021, the relaxation granted on the limitation period for filing court cases in view of the pandemic came to an end on October 2 last year.

The Supreme 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, it had said the country was “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.