# In Re: Cognizance for extension of limitation, Suo Motu Writ Petition (Civil) No.3 of 2020

> SC judgment dated 2021-03-08. Citation: TCN-2021-SC-00066. The Supreme Court of India initiated a Suo Motu Writ Petition (Civil) No.3 of 2020 in response to…

- **Court:** SC
- **Order date:** 8 Mar 2021
- **Citation:** TCN-2021-SC-00066
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/supreme-court-of-india/in-re-cognizance-for-extension-of-limitation-suo-motu-writ-petition-civil-no3-of-4c42f82f

## Summary

### Background

The Supreme Court of India initiated a Suo Motu Writ Petition (Civil) No.3 of 2020 in response to the COVID-19 pandemic. The court recognized the difficulties faced by litigants across the country in filing petitions, applications, suits, appeals, and other proceedings within the prescribed limitation period under general and special laws. The court had previously extended the period of limitation via orders dated 27.03.2020 and 15.03.2020.

## Facts

Due to the COVID-19 pandemic, the Supreme Court took suo motu cognizance of difficulties faced by litigants in filing legal proceedings within the limitation period. Orders dated 27.03.2020 and 15.03.2020 extended the limitation period. The lockdown has been lifted, and the country is returning to normalcy. The court considered the Attorney General's suggestions. The court directed that the period from 15.03.2020 to 14.03.2021 be excluded from limitation calculations. Litigants whose limitation expired between 15.03.2020 and 14.03.2021 were given 90 days from 15.03.2021 to file, unless a longer period remained. The Government of India was directed to amend containment zone guidelines to allow movement for essential services and legal purposes.

## Issues and analysis

### Issue 1: Whether the extension of limitation granted due to …

**Ratio:** The principle that extraordinary measures taken during a crisis should be lifted once the

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**Reasoning:** The court reasoned that the pandemic situation had improved, the lockdown had been

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**Interpretation:** The interpretation is that the extension of limitation was a temporary relief

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**Application:** The court applied this principle by terminating the extension of limitation, as

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## Parties

- **Judges:** S. A. B…; L. NAGESWA…; +1 more

## Timeline

- **2020-03-15 — Initial Extension of…**: The court initially extended the period of…
- **2020-03-27 — Order Extending…**: The Court extended the period of limitation prescribed under the general law or special…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 12A — (1) Subject to sub](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-12a)

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