Government of India and Supreme Court of India are taking various action to help social distancing in view of COVID- 19. Supreme Court of India, in view of its commitment to the proactive actions, cancelled physical filing of papers and directed all parties to resort to e-filing of cases. In addition to that it also restricted its hearings only to the urgent matters. Many parties were pressurizing the lawyers to complete the filings in the courts despite close down of the country, to avoid losing the cases on the ground of limitation.
The Supreme Court of India, on March 23rd 2020, passed an order with effect from 15th March 2020, “To obviate such difficulties and ensure that lawyers/litigants do not have to physically to file such proceedings in respective courts/ tribunals across the country including this court, it is hereby ordered that a period of limitation in all such proceedings, irrespective of the limitation period prescribed in all such proceedings, irrespective of the limitation period prescribed under the Special law or general law whether condonable or not shall stand extended w.e.f. 15th March 2020 till further order/s to be passed by this court in present proceedings”.
The above said order is passed by the Supreme Court of India invoking its powers under Article 142 of the Constitution of India, which empowers Supreme Court of India to pass such “decree or order as may be necessary for doing complete justice between the parties”. Invoking the above said powers, Supreme Court of India passed the above said order “suo-moto”. Now, all litigants can file their cases or appeals within the extended deadline. This is a most progressive and proactive action taken by the Apex court of India, to help the litigants.
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