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

The period for filing an appeal expires on a day when the court is closed for a holiday. Under the Limitation Act, 1963, what is the position?

The appeal may be filed on the day the court re-opens. Section 4 of the Limitation Act, 1963 allows a suit, appeal or application whose prescribed period ends on a court-closure day to be made on re-opening, without any need to show sufficient cause.

  1. AThe appeal may be preferred on the day the court re-opensCorrect
  2. BThe appeal becomes barred and can be admitted only on proof of sufficient cause
  3. CThe appeal must be filed on the preceding working day
  4. DThe period is extended by exactly thirty days

Explanation

Section 4 provides that where the prescribed period for a suit, appeal or application expires on a day when the court is closed, it may be instituted, preferred or made on the day the court re-opens. No sufficient cause needs to be shown, so the option requiring proof of sufficient cause is wrong.

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