Limitation expiring on a day when the court had half-day working

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  • #3770

    Anonymous
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    The limitation period to file an appeal was expiring on Saturday. On that day, when I went to file the appeal at about 2.30 pm, I was told that the court was working only for half-day since it was Saturday. Therefore, my appeal could not be filed on that day, when the limitation period was to expire on that day. Thereafter, I filed the appeal on Monday but I did not file any application for condonation of delay since my advocate told me that there is no need for that. Is it correct? Please advise.

  • #3781

    Your case is covered under Section 4 of the Limitation Act, 1963, which is reproduced as under:

    4. Expiry of prescribed period when court is closed.—Where the prescribed period for any suit, appeal or application expires on a day when the court is closed, the suit, appeal or application may be instituted, preferred or made on the day when the court reopens.

    Explanation.—A court shall be deemed to be closed on any day within the meaning of this section if during any part of its normal working hours it remains closed on that day.”

    As per the Explanation to the above section, even if a court is closed on a day only for any part of its normal working hours, it may be considered as if the court was closed on that day, and in such a situation the appeal may be filed on the next working day when the court reopens.

    In the case of Gopal Chandra Ghosh v. Renu Bala Majumdar, (1994) 2 SCC 258, the Supreme Court observed as under:

    “…There was thus, if at all, delay of two days. This would even be not so, if notice is taken of the fact that 16th was a Sunday, which shows that 15th was a Saturday. If it would have been a half-working day, Explanation to Section 4 of the Limitation Act would have taken care of 15th as well, in which case there would have been no delay at all.”

    In view of the above, the appeal filed by you on Monday, when the prescribed limitation period was expiring on Saturday which was a half-working day, may be considered within the limitation period.

         


    Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers.

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