Sunday, May 26, 2024

𝗝𝘂𝗱𝗶𝗰𝗶𝗮𝗹𝗗𝗿𝗲𝗮𝗺™

𝙰𝙵𝙵𝙾𝚁𝙳𝙰𝙱𝙻𝙴 & 𝙰𝙲𝙲𝙴𝚂𝚂𝙸𝙱𝙻𝙴

LIMITATIONMODEL ANSWER

LIMITATION IF COURT IS CLOSED

A’s limitation period expires on a day on which the court is closed. Advice ‘A’.

Under the Indian Constitution, every person has been given certain rights and he has full liberty to enjoy that rights for his full growth and development and if any third person breaches the rights of former person, then in such a case, an aggrieved person has right to file a suit against wrongdoer and he can claim compensation from that person.

But, according to the Limitation Act, 1963, an aggrieved person can file the suit only within the period of limitation and if he files a suit after the expiry of limitation period, then in such a case, the court has no other option then to dismiss the suit.

Now the main question which arises here is, “what does the period of limitation mean”?According to the Limitation Act, 1963, “period of limitation” means that time frame within which an aggrieved person has to file a suit against the wrongdoer in the court of law.

For example:- The period of limitation for filing a suit is 3 years, then in such a case, an aggrieved person can file a suit within 3 years from the date of arising of cause of action.

But sometimes a situation may arise, where the period of limitation expires on that day on which the court is closed. In such a situation, according to Section 4 of the Limitation Act, 1963, if the period of limitation expires on a holiday, then in such a case, an aggrieved person can file a suit on the next working day.

In the leading case of Raja Pande vs Sheopujan Pande, the Hon’ble court held that Section 4 of the Limitation Act, 1963, does not in any way extend the period of limitation nor does it furnish any data for the computation of the time. It merely embodies a rule of elementary justice that if the time allowed by the statute to do an act or to take a proceeding expires on a holiday, it may be done on the next sitting of the court.

Moreover, this section is based upon two main principles. One is no one can be compelled to do an impossible act and another one is no one can be prejudiced by an act of the court. So, if the period of limitation expires on holiday, then in such a case, it is impossible for an aggrieved person to file a suit on that day. So, according to Section 4 of the Limitation Act, 1963, he can file a suit on the next working day.

Hence, it can be advised to ‘A’ that even if his period of limitation expires on the day on which the court is closed, he can file a suit on the next working day.

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