Delay in filing court case due to lockdown

480 votes

In a measure to protect the public from novel coronavirus, the government had implemented lockdown. Even though various services have resumed in pursuance to unlock starting from 8^th June 2020, courts are to stay shut for a further indefinite period making people unable to file cases unless they do not require an urgent hearing.

In furtherance to complete lockdown in the country, the Supreme Court, various High Courts, and tribunals across the country have issued circulars restricting the functioning of Courts to only ‘extremely urgent matters’, ultimately resulting in the effective closure of Courts. Since only extremely urgent matters are being taken up through the mode of video conferencing, the courts have also taken into consideration the fate of “routine matters” that would go unattended during the lockdown period.
 

What happens if you could not file your case due to lockdown?

In view of the extraordinary circumstances, the Indian courts have taken suo motu cognizance of the issues that might be faced by the people during the lockdown, such as the fate of the matters that were yet to be filed and the matters where deadlines for filings would fall within the lockdown period. The High Court of Delhi first addressed the issue of limitation wherein its order dated 23rd March it stated that the limitation for any court proceeding shall not run w.e.f. 23rd March 2020 to 4th April 2020 subject to further orders.

Similarly, the Supreme Court, on the very same day passed an order in a suo moto case on the issue of law of imitation stating the following:

“To obviate such difficulties and to ensure that the 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 general law or Special Laws whether condonable or not shall stand extended w.e.f. 15th March, 2020 till further orders to be passed by this Court in present proceedings.”

The limitation period in legal matters refers to the maximum time that is set under the law that the parties involved have to initiate the legal proceedings from the date of an alleged offense, whether civil or criminal. Although, the length of time the statute allows for a victim to bring legal action against the suspected wrong-doer can vary from one jurisdiction to another.

In general, the limitation period allowed under the law varies depending upon the nature of the offense. Usually, the limitation period apply to civil cases, however, criminal offenses can also have a limitation period. Cases involving serious crimes, such as murder, typically have no limitation period.

Therefore, till further orders are passed by the Apex Court, the prescribed limitation period shall be extended w.e.f 15th March, 2020. In case the prescribed limitation period for filing any petition/application/appeal has been expired within the said period of lockdown, the same would be required to be filed on reopening of courts after lockdown has been lifted. However, as stated in the order the limitation period would end upon further orders being passed by the Supreme Court.
 

How can a lawyer help you?

If you wanted to initiate a case but could not due to the lockdown in force and are worried that the filing of your case may go beyond the deadline, it is important for you to understand the technicalities of the law involved. This is why it is recommended to have a civil lawyer by your side who can guide you with the correct procedures to be followed in unprecedented situations like these. A civil lawyer, owing to his years of experience, can assist you in filing your case and can ensure that the case is not beaten up on the technicalities while undermining its merits.

LawRato LawRato

742 votes

I have perused the contents of your query and would advise you please elaborate your specific query regarding the case to be filed by you. You may consult with better particulars to enable us to advise you properly

Advocate Anubhav Kathuria LawRato

585 votes

The Supreme Court has repeatedly passed orders staying the running of limitation.

What you do need to see is whether your limitation ran out before the lockdown or during the lockdown. However if your case is ready you can file the same online and service it's copy to the opposite party through any instant messaging service like Whatsapp, Telegram, etc in addition to the service by e-mail on the same date.

Advocate Shreeya Tandon LawRato

509 votes

Dont worry , hon'ble supreme court had suspended the limitation period in the starting of the lockdown and it is still suspend.
This period will not be considered in regards to the limitation law.
Since many of the court have restarted working , hence you can file it now to be on the safer side or else file it later.

Advocate Shivam Sharma LawRato