# In re Cognizance for extension of Limitation Miscellaneous 
Application No. 665/2021 in SMW(C) No. 3/2020

> SC judgment dated 2021-04-27. Citation: TCN-2021-SC-00047. The Supreme Court took suo motu cognizance of the difficulties faced by litigants due to the…

- **Court:** SC
- **Order date:** 27 Apr 2021
- **Citation:** TCN-2021-SC-00047
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/supreme-court-of-india/in-re-cognizance-for-extension-of-limitation-miscellaneous-application-no-665202-76cc9df8

## Summary

### Background

The Supreme Court took suo motu cognizance of the difficulties faced by litigants due to the COVID-19 pandemic and the resultant restrictions. An order was passed on March 23, 2020, extending the period of limitation for filing petitions, applications, suits, appeals, and other proceedings. Subsequently, on March 8, 2021, as the country began returning to normalcy, the extension of limitation was regulated and brought to an end. However, due to a surge in COVID-19 cases, the Supreme Court Advocate on Record Association (SCAORA) filed an interlocutory application highlighting the difficulties faced by advocates and litigants in instituting cases. The Attorney General and Solicitor General provided valuable suggestions.

## Facts

The Supreme Court of India, recognizing the challenges posed by the COVID-19 pandemic, initially extended the limitation period for legal proceedings via an order dated March 23, 2020. This extension aimed to alleviate difficulties faced by litigants unable to pursue cases due to pandemic-related disruptions. Subsequently, as conditions improved, this extension was terminated on March 8, 2021. However, a resurgence of COVID-19 cases, particularly in Delhi, prompted the Supreme Court Advocate on Record Association (SCAORA) to file an interlocutory application, highlighting the renewed difficulties in instituting cases. The court acknowledged the nationwide impact of the pandemic and the need for extraordinary measures. The Attorney General and Solicitor General provided

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## Issues and analysis

### Issue 1: Whether the period of limitation for judicial and quasi-judicial proceedings should be extended due …

**Ratio:** The Supreme Court has the inherent power under Article 142 of the Constitution of India

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**Reasoning:** The court reasoned that the COVID-19 pandemic and the resultant restrictions had created

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**Interpretation:** Article 142 of the Constitution empowers the Supreme Court to take necessary

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**Application:** The court applied the ratio by extending the period of limitation for judicial

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## Parties

- **Judges:** THE CHIEF J…; SURYA…; +1 more
- **Appellants:** XXXX…

## Timeline

- **2020-03-23 — Initial Extension of…**: The Supreme Court initially extended the period of limitation for filing petitions,…
- **2021-03-08 — Termination of…**: The Supreme Court regulated and brought to an end the extension of limitation as the…

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