The Hon’ble Supreme Court of India vide an interim order dated April 27, 2021, has extended the limitation period to file cases under all general, special, central & state laws across the country from March 14, 2021 until further orders, by stating that the second wave of the Covid-19 has indeed created an alarming situation.
Previously at the beginning of 2020, the litigants had faced extreme difficulties with regard to filing of suits, applications, petitions, appeals within their prescribed periods of limitation due to the Covid-19 pandemic outbreak.
Therefore, considering this situation the Hon'ble Supreme Court vide an Order dated March 23, 2020 passed a Writ, thereby extending the period of limitation in all cases & proceedings in all Courts as well as Tribunals throughout the country with effect from March 15, 2020 until further orders. It is to be noted that this power was exercised by the Apex Court by invoking its plenary powers under Article 142 read with Article 141 of the Constitution of India, ultimately declaring that the order was binding upon on all other Courts, Tribunals and lower authorities within the ambit of Article 141. However, the Supreme Court decided to end this extension of limitation period vide an order dated March 8, 2021.
Recently amidst the outbreak of a second wave of the Covid-19 pandemic, the Supreme Court Advocated on Records Association (hereinafter SCAORA) filed an impleadment application at the apex court, seeking restoration of the extension on the period of limitation & its direction upon the same as a large number of the Supreme Court staff as well as the public at large are affected by the new mutated variant of the Covid-19. The application filed by the SCAORA stated the undisputed fact, that public health is of utmost importance & thereby it seeks to restore the order dated March 23, 2020.
