03 December 2021, Friday

2 years ago

In filing a set-aside application, the benefit of the period when the court is closed can be obtained only if the period of three months, and not the extendable period of 30 days, has expired during the closure: Himachal Pradesh High Court

03 December 2021| State of HP v. Pankaj | Arbitration Appeal No. 03 of 2021 & other similar matters decided on 13-14 December 2021 | Ajay Mohan Goel J | Himachal Pradesh High Court | 2021 SCC OnLine HP 8261

Section 4 of the Limitation Act relaxes the limitation if the “prescribed period” for filing any suit, appeal or application expires when the court is closed. The case can then be filed on the day the court reopens.

Section 34 (3) ACA sets the limitation period to file a set-aside application. It is three months and, at the court's discretion, another 30 days.

What is the prescribed period under Section 34 (3) ACA for Section 4 Limitation Act?

The question was before the court because the three-month period had expired before the winter vacation of the court. The set-aside application was filed the day the court reopened. Following Assam Urban Water Supply (2012) 2 SCC 624, the set-aside court dismissed the application as limitation barred.

Read the decision here.


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