Interim/urgent relief

Litigant compelled to file suit/appeal during summer vacations for enabling him to seek some interim relief, which was imperative and of utmost expediency to prevent irreparable and irreversible loss and injury. Section 4 of Limitation Act, 1908 gave such a litigant a vested right to file the suit/appeal on the day of the re-opening of the court, but if the litigant sought some urgent relief during the closure of court, he could not be expected to sit idle (till the re-opening of the court) and watch irreparable, colossal and irretrievable loss being caused to him, and refrain from exercising his right of filing suit/appeal for the purpose of obtaining interim relief.

PLD 2014 S.C. 783