SCAORA Moves Supreme Court Seeking Revival Of Orders Extending Statutory Limitation Period

"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 application filed through Advocate Abhinav Ramakrishna reads.

It adds that quite large number of the staff of the Supreme Court has also been affected by the new variant of the covid and thus it becomes all the more necessary to extend the period of limitation.

The Supreme Court has therefore been urged to restore its orders dated March 23, 2020 and April 27, 2021, whereby the orders extending statutory limitation were put in abeyance.

In March 2020, the Supreme Court had taken suo motu cognizance of the Covid-19 situation and resultant difficulties that may be faced by litigants across the country in filing their pleadings within the prescribed period of limitation.

"To obviate such difficulties and to ensure that lawyers/litigants do not have to come physically to file such proceedings in respective Courts/Tribunals across the country including this Court, it is hereby ordered that a period of limitation in all such proceedings, irrespective of the limitation prescribed under the general law or Special Laws whether condonable or not shall stand extended…," it had ordered back then.

Thereafter, several orders were passed further extending the limitation period. The Supreme Court ended the extension of limitation with effect from 14.03.2021, observing that the COVID-19 situation has improved.

However, the orders were revived in face of the second wave of Covid-19 in April 2021. The same was withdrawn with effect from October 2, 2021.

"Public health is of utmost importance and therefore the issue of limitation which may arise in certain cases is required to be relaxed in the light of the present situation," the SCAORA has pleaded.

Case Title: In Re Cognizance for Extension of Limitation