Section 4: Expiry of prescribed period when court is closed
Limitation Act • Official Statutory Text & Practice Guide
Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1963
Limitation Act • Official Statutory Text & Practice Guide
Legal Commentary & Landmark Judgments: Section 4
Section 4 of the Limitation Act, 1963 provides relief where the prescribed period of limitation expires on a day when the court is closed, permitting the proceeding to be instituted on the day the court reopens.
The section applies only when the entire court is closed for the presentation of pleadings or applications during its ordinary office hours. Crucially, Section 4 does not extend the statutory period of limitation itself; it merely prevents the litigant from being penalized for the physical closure of the court on the final day.
Practitioners must note the crucial operational distinction: Section 4 requires no application for condonation of delay. If the limitation period expired during a vacation or holiday, the litigant may present the plaint or petition on the reopening day as a matter of statutory right, without explaining daily cause.