CS Executive · Jurisprudence, Interpretation and General Laws · Law relating to Limitation
The prescribed period for filing a suit by Ramesh Traders against a debtor in Pune expires on a Sunday, when the civil court is closed for its entire working hours. Under the Limitation Act, 1963, what is the position?
The suit may be filed on the day the court re-opens. Section 4 extends the last day when the court is closed on the date the period expires, so the suit is not barred and no condonation of delay is required.
- AThe suit may be instituted on the day the court re-opensCorrect
- BThe suit must be filed on the preceding working day
- CThe suit is barred because the period has expired
- DThe suit can be filed only after the court condones the delay
Explanation
Section 4 provides that where the prescribed period expires on a day when the court is closed, the suit may be instituted on the day the court re-opens. No condonation of delay is needed. The option requiring filing on the preceding day wrongly imposes an earlier deadline.
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