Section 20C of The Specific Relief Act, 1963
1[20C. Expeditious disposal of suits.-- Notwithstanding anything contained in the Code of Civil Procedure, 1908 (5 of 1908), a suit filed under the provisions of this Act shall be disposed of by the court within a period of twelve months from the date of service of summons to the defendant: Provided that the said period may be extended for a further period not exceeding six months in aggregate after recording reasons in writing for such extension by the court.]
Summary
- A suit filed under the provisions of this Act must be decided and disposed of by the court within a standard period of twelve months.
- This twelve-month period begins running from the date of service of summons to the defendant.
- This expeditious disposal rule applies notwithstanding anything to the contrary contained in the Code of Civil Procedure, 1908.
- The court can extend this twelve-month disposal period for a further period not exceeding six months in aggregate.
- To grant an extension, the court must record its reasons for doing so in writing.
Practical examples
FAQ
1. What is the standard time limit for a court to dispose of a suit under this Act?
The standard time limit is twelve months.
2. When does this twelve-month clock start ticking?
The clock starts from the date of service of summons to the defendant.
3. Can the court extend the twelve-month time limit?
Yes, the court can extend the period for up to six months in total (aggregate), but the judge must record the reasons for the extension in writing.
4. Does this time limit apply to all suits under the Specific Relief Act?
Yes, Section 20C applies to "a suit filed under the provisions of this Act", which covers all suits filed under the Act.
Test yourself
Q1.Under Section 20C of The Specific Relief Act, 1963, what is the default time period within which a suit filed under the Act must be disposed of?
Q2.Under Section 20C of The Specific Relief Act, 1963, from what specific event does the time limit for disposing of a suit begin to run?
Q3.Under Section 20C of The Specific Relief Act, 1963, what is the maximum aggregate extension period that a court can grant for disposing of a suit?
Q4.Under Section 20C of The Specific Relief Act, 1963, what must a court do if it decides to extend the time period for disposing of a suit?