Guraditta Singh v. Lakhwinder Singh
Limitation – Suit presented on 23.11.2020 held within time
Case brief
What is this about?
Limitation Act 1963 — Section 4 and Section 12(1) — expiry of three-year period on Sunday/holiday — presentation of plaint on next working day on reopening of Court — closure of Subordinate Courts in Punjab, Haryana, UT Chandigarh on working Saturdays vide letter No. 35/RG/Spl/Misc dated 27.08.2020 — Order VII Rule 11 CPC application by defendant dismissed by Trial Court — no material irregularity — civil revision dismissed — CR-572-2022 (O&M) — High Court of Punjab and Haryana — Pankaj Jain, J. — decided March 11, 2025.
What did the court decide?
Applying Section 12(1) of the Limitation Act, 1963, the three-year period for presenting the plaint expired on 22.11.2020, a Sunday; presentation of the plaint on 23.11.2020 upon reopening of the Court, as provided under Section 4 of the Limitation Act, 1963, was within limitation. ¶4