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Monday December 23, 2024

SHC relaxes rules for litigants over statutory period of limitation

By Jamal Khurshid
March 29, 2020

The Sindh High Court on Saturday notified that its institution branches, district judiciary and all legal forums under its control would be deemed to be closed from March 22 to April 15 to facilitate the litigants to file cases in which statutory period of limitation may expire during this period.

The decision came in the wake of the coronavirus pandemic and the lockdown imposed by the provincial government on March 22 for 15 days.

The SHC observed that on account of restricted movement, people, including litigants, faced difficulties in filing suits, appeals, revision applications and other judicial proceedings for reasons beyond their control.

The high court has taken the decision to facilitate the litigants to file such suits, appeals, revision and other judicial proceedings before the SHC and other legal forums under the control of high court whose statutory period of limitation may expire during this period.

Exercising power under articles 202 and 203 of the constituion read with sections 4, 6, 7, 43 and 58 of the Sindh Chief Court rules, Section 13 of the Sindh civil court rules, sections 9 and 10 of the General clause Act and Section 9 of the Sindh General Clause Act with all enabling provisions as to computing the period of limitation stipulated in the limitation act and its schedule, it notified that all its offices, institution branches and district judiciary offices would be deemed to be closed from March 22 till April 15 for the litigants who are unable to approach courts on account of the lockdown announced by the provincial government.

The SHC however made it clear that there would be no bar on filing suits, appeals and review applications before it or other legal forums within the period of limitation byact or other relevant laws.