Will the summer vacations of court will be part of limitation period

777 votes

Hi,

The 90 day period will be not be waived off this this case. As when the decision came in June your limitation will start from the day itself.

The case would have been different if decision had come in May when the court was open. Then you need to add the days when court was on leave to calculate the limitation period

Advocate Prakhar Deep LawRato

812 votes

The limitation period does not include the days when the Court/or registry is closed. I suggest you challenge the decision as soon as the High Court reopens in July. In fact, the registry might open earlier (depends upon HC to HC) and therefore, you can file the petition when the registry reopens.

Advocate Vivek Ranjan LawRato

522 votes

It isn't not that the period of vacations would be excluded from limitation period. Law of limitation is pretty clear on the subject at hand.

If on the last day of your limitation, the Court is closed, you are supposed to file the Same on the day of reopening

Advocate Siddharth Jain LawRato

878 votes

Yes, the vacation period of the High Court is counted while dealing with the question of whether the appeal is within limitation or not. But in your case since the decision itself only came in June you don't need to worry about the limitation period.

Advocate Gurman Chahal LawRato