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Report No. 89

Chapter 4

Section 4: Expiry of Prescribed Period when Court is closed

4.1. Bar of limitation.- Section 4 provides that where the prescribed period for any suit, appeal or application expires on a day when the Court is closed, the suit etc., may be instituted on the day when the Court re-opens. The Explanation to the section provides that a Court is deemed to be closed on any day if, during any part of its normal working hours, it remains closed on that day.

4.2. Principle.- Obviously, section 4 is based on the principle that the law does not compel a man to do the impossib.-lex non cogit ad impossibil.-and that the act of court should harm no one.1

1. Cf. Angadi v. Hirannayya, AIR 1972 SC 239.

4.3. Changes needed in section 4 in view of section 14.- While the section, standing by itself, has created no problems, some difficulties have arisen in connection with the combined operation of sections 4 and 14. We shall advert to this point at the appropriate place.1

1. See discussion relating to section 14, infra.

The Limitation Act, 1963 Back

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