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CS Executive · Jurisprudence, Interpretation and General Laws · Law relating to Limitation

A court's normal working hours on a Saturday are 10 am to 5 pm, but on that day the court remained closed from 2 pm to 5 pm due to a lawyers' strike. A limitation period for an appeal by Meera Textiles expired on that Saturday. Which statement is correct?

Section 4 applies. Under its Explanation, a court is deemed closed on a day if it remains closed during any part of its normal working hours, so the appeal can be filed when the court re-opens.

  1. ASection 4 does not apply because the court was open in the morning
  2. BSection 4 applies because the court is deemed closed if it remains closed during any part of its normal working hoursCorrect
  3. CSection 4 applies only if the court was closed for the whole day
  4. DSection 4 applies only if the court is closed on a public holiday notified by the government

Explanation

The Explanation to Section 4 says a court is deemed closed on a day if during any part of its normal working hours it remains closed. Hence the appeal may be preferred when the court re-opens. The view that full-day closure is needed contradicts the Explanation.

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