Supreme Court · 2016 INSC 499 · Decided 5 July 2016
Ajay Gupta v. Raju @ Rajendra Singh Yadav
- Court
- Supreme Court of India
- Citation
- 2016 INSC 499 · [2016] 3 S.C.R. 225
- Case number
- CIVIL APPEAL No. 5862/2016
- Decided
- 5 July 2016
- Bench
- KURIAN JOSEPH, R.F. NARIMAN (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- CPC; Limitation Act Section 4, 5
Headnote
Limitation Act, 1963 - ss.4, 5 - Expiry of prescribed period when court is closed - On facts, last date for filing the suit was 31.12.2010, which was last day of winter vacation for court - Next day-01.01.2011 was a non-working Saturday - Disposal of application filed u/Or. 7 r. 11 on the ground suit filed on 03. 01.2011 is within limitation - Held: Jn terms of s. 4, in case the prescribed period for any suit expires on a day when the court is closed, the suit may be instituted when the court reopens - Further in terms of s. 5 no court or tribunal can extend the period of limitation
Judgments are the courts' own published copies, provided for study; they are not certified copies. Source: Indian Supreme Court & High Court Judgments, Dattam Labs (CC-BY-4.0)