The Plea of Limitation VI: Non-Working Saturdays

No Court or Tribunal can extend the period of limitation for filing a suit. Even if any cause, beyond the control of the plaintiff is shown also, the only extension is what is permitted under Section 4 of The Limitation Act, 1963, the period coming under Court holiday. Section 4 no doubt applies to suits as well, and in case 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.

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The last date for filing a suit was 01.01.2001, a Non-Working Saturday, i.e., Judges on holiday; Registry open.

My Lord, Although, there is no bar for filing of a suit on a Non-Working Saturday but if the suit is not filed on the Non-Working Saturday under the assumption that it is a Non-Working Saturday then is the mistake of Non-Filing a bona fide mistake?

 “Such confusion also cannot save limitation to file a suit.”

Hon’ble Justice Kurian Joseph, Ajay Gupta v. Raju, [Civil Appeal No. 5862 of 2016].

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