In Brief
A suit filed on 03.01.2011, two days after the prescribed deadline of 31.12.2010, was challenged by the defendant. The trial court and High Court had dismissed the defendant's objection under Order 7 Rule 11, reasoning that 01.01.2011 (a non-working Saturday for judges) was a court holiday. The Supreme Court held that while Section 4 of the Limitation Act extends time when the court is closed, a non-working Saturday does not constitute closure if the Registry remains open. Section 5, permitting extension for other causes, applies only to appeals and applications, not suits. Accordingly, the suit was time-barred and the appeal was allowed, dismissing the recovery suit."
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