Question
Under Section 4 of the Limitation Act, 1963, if the
prescribed period for filing a suit expires on a day when the court is closed, what is the legal consequence?ΒSolution
Section 4 states: "Where the prescribed period for any suit, appeal, or application expires on a day when the court is closed, the suit, appeal, or application may be instituted, preferred, or made on the day when the court reopens." The Explanation clarifies that "a court shall be deemed to be closed on any day if during any part of its normal working hours it remains closed on that day." This provision operates as an exception to Section 3 and does not increase the prescribed period itself; rather, it provides a safeguard when closure is involuntary. This prevents parties from being prejudiced due to circumstances beyond their control, such as court holidays or natural disasters.
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