Court Closed on the Last Day: Section 4, Limitation Act

A litigant entitled to the whole of the prescribed period may file on its last day. If the court is closed on that day, the law should not take the day away. Section 4 of the Limitation Act gives that protection: where the prescribed period expires on a day the court is closed, the proceeding may be filed on the day the court reopens. The rule is short but frequently tested, especially on the meaning of prescribed period and its interaction with the Arbitration Act. This note covers the text, its conditions, its limits, and the leading cases.

1. The Rule

Figure 1: How section 4 operates

• Text, s.4. Where the prescribed period for any suit, appeal or application expires on a day when the court is closed, the suit, appeal or application may be instituted, preferred or made on the day when the court reopens.
• Explanation. 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.
• Applies to all three. Unlike s.5, s.4 covers suits as well as appeals and applications.
• Not a matter of discretion. If the conditions are met, the filing is in time as of right; no application or explanation is needed.

2. Conditions

• The last day must fall on a closed day. Section 4 helps only when the period expires on a closed day. If the period expires on a working day before a vacation, the vacation gives no relief.
• Prescribed period. Under s.2(j), the prescribed period is the period of limitation computed under the Act, after exclusions such as the time for obtaining copies under s.12. Section 4 applies to that computed last day.
• The court must be closed. Holidays, vacations and days on which the court is closed by order all qualify, as does a partial closure under the Explanation. A strike by advocates does not, by itself, close the court.
• Courts only. The Act applies of its own force to courts, not to tribunals or quasi-judicial bodies (Sakuru v Tanaji, 1985), unless the governing statute applies it.

3. Limits of Section 4

Figure 2: Where section 4 applies and where it does not

• Assam Urban Water Supply and Sewerage Board v Subhash Projects (2012). The three-month period under s.34(3) of the Arbitration Act is the prescribed period, so s.4 applies to it. The further 30 days, within which delay may be condoned on sufficient cause, is not a prescribed period, so s.4 does not extend it.
• My Preferred Transformation and Hospitality v Faridabad Implements (2025). The Supreme Court reaffirmed Assam Urban: s.4 is not wholly excluded from s.34(3), but it benefits only the three-month period. The 30 days run from the end of the three months, and s.4 cannot carry the last of those 30 days to the reopening date.
• General Clauses Act, s.10. Section 10 gives a similar benefit for acts to be done in a court or office under Central Acts, but its proviso excludes proceedings to which the Limitation Act applies. Where s.43 of the Arbitration Act applies the Limitation Act, s.10 cannot be used to extend the 30 days.
• Special laws. Through s.29(2), s.4 applies to periods fixed by special or local laws unless the special law expressly excludes it (Topic 24)

4. Worked Examples

• Example 1. A 90-day appeal period expires on a Sunday. The appeal filed on Monday, the next working day, is in time under s.4.
• Example 2. The period expires on 30 May, the last working day before a summer vacation. Filing on reopening in July is late; the appellant must seek condonation under s.5.
• Example 3. Under s.34(3), the three months expire during a vacation. A petition filed on the reopening day is in time. If the three months expired before the vacation and the 30 condonable days expire during it, filing on reopening is out of time and cannot be saved.

5. Frequently Asked Questions

Does section 4 apply to the 30-day period under section 34(3) of the Arbitration Act?

No. The three-month period is the prescribed period, and s.4 applies to it. The further 30 days is only a window within which the court may condone delay. In Assam Urban Water Supply v Subhash Projects (2012) and My Preferred Transformation v Faridabad Implements (2025), the Supreme Court held that s.4 does not extend that window.

Is a court that sits for half a day treated as closed?

Yes. Under the Explanation to s.4, a court is deemed closed on a day if it remains closed during any part of its normal working hours on that day.

Does section 4 apply to suits?

Yes. Section 4 covers suits, appeals and applications. This is a contrast with s.5, which allows condonation only for appeals and applications.

6. Related Topics

• Topic 5: Condonation of Delay, Section 5. Relief when s.4 does not help.
• Topic 25: Limitation under Other Statutes. Arbitration, IBC, commercial and tax laws.