Civil Law
Mode of Citation- ILC-2018-SC-CIVIL-....
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Civil Law
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Civil Law
Mode of Citation- ILC-2018-SC-CIVIL-....
Judgement Subject Index/Important Decision/Topic


Ajay Gupta Vs. Raju @ Rajendra Singh Yadhav

Head Note

The Code of Civil Procedure, 1908  - Order VII Rule (11) , The Limitation Act, 1963  - Section 4 , Section 5

Expiry of prescribed period when court is closed - Extension of prescribed period in certain cases - Non-working Saturday for the Judges - Saturday was not a holiday for the Registry and there is no question of any confusion, though such confusion also cannot save limitation to file a suit - There is no case for anybody that even for part of the day, the Registry was closed - Therefore, 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 Act, the period coming under court holiday. Thus, both the trial court and the High Court have gravely gone wrong on the first principles on the law of Limitation. Therefore, the impugned order is set aside.

Topic(s)-Expiry of prescribed period when court is closed

Full Judgement Body

@2017 Indian Law
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