LAW OF LIMITATION

 To restrict or circumstances which are limited

 The law of limitation prescribes a time period which is given to different suits to the
aggrieved person within which they can approach the court for redressal of justice.
 The basic concept of limitation is fixing or prescribing the time period for bringing
any legal action. You are entitled for a remedy only if you approach the court within
this prescribed time period – if you sleep on a right then it is presumed that you have
relinquished that right.
 For criminal action, there is no limitation period in the strict sense – you are free to
file an FIR whenever you want but the more you delay, it is more of a defense for the
other side to claim that the filing of the complaint is an afterthought – however it does
not invalidate the action.
 For a civil wrong, including a tort, with a civil remedy, then depending upon the type
of wrong, there is a different limitation period provided.
 Limitation act of 1963 – enacted on 5th October 1963 and came into force on 1 st
January,1964 – the previous limitation act of 1859 was repealed.
 32 sections and 132 articles – articles are further divided into 10 parts – accounts,
contracts, declarations, decree or instrument, immovable property, movable property,
torts, trust or trust property, miscellaneous practice and any action for which no
limitation is prescribed
 Entirely depends upon the nature of the wrong, nature of the remedy and the relief
being prayed.
 If you approach the court at a belated stage, you need to give the court justification as
to why you did not approach the court on time – did you approach the authorities
first? – the court looks into the effect of not granting you the relief in that time.
 Main objectives of limitation: interest reipublicae ut sit finis litium – if the interest of
the state is required that there should be a limit to a litigation and also to prevent any
kind of disturbance or depravation of what may have been acquired in equity and
justice or by way of wrong enjoyment or what may have been lost by a party’s own
inaction, negligence or latches (if there is an inordinate delay then you are hit by delay
and latches – the action is no more – the action is either relinquished or extinguished)
 S.2(j) of Limitation Act – period of limitation – limitation prescribed to any suit,
appeal or application by the schedule and ‘prescribed period’ means the period of
limitation prescribed in accordance with provisions of this Act.
 When a suit is initiated after bar of limitation, the main and fundamental aim is to
protect the lengthy process of penalizing a person indirectly without doing any
offence.
 As per Halsbury’s Laws of England, there are three different types of supporting
reasons for the existence of the statute of limitation:
1. The long dormant claim has more of cruelty than justice in them
If you initiate a suit after a prolonged delay (20 or 30 years) and such a suit is
entertained, then it is a cruelty to the defendant to have those proceedings
against him and putting him in undue hardship.
2. The defendant might have lost the evidence to dispute the claim.
3. A person with good cause of action should pursue with it.
 Pension benefits, public nuisance, encroachment on public property and general
public interest litigations – have no prescribed limitation period even though it is a
civil matter (because it is a recurring cause of action and you have the right to
approach the court every month).
 Two broad considerations on which the doctrine of limitation and prescription is
based:
1. That the rights which are not exercised for a long time ae said to be non-
existent.
2. The rights which are related to property and rights in general should not be in
a state of constant uncertainty, doubt or suspense.
 You can create justifications for the delay in approaching the court if you can prove
that the cause of action is still surviving and if you can prove what steps you have
taken to keep the cause of action alive.
 The scheme of statute provides for when the right can be exercised
 Limitation, though based upon public policy, mainly aiming at justice, recourse and
peace, but it is a statutory bar – the law of limitation does not create or define a right
in your favour, it simply restricts the enforcement of an existing right.
  Main object of limitation is to have more of a preventive kind by putting a statutory
bar after a certain period of time in all matters to enforce an existing right. Limitation
is prescribed to avoid the unexpected delay and latches in any suit or civil action.

S. 3 – Bar of limitation

 Subject to provisions contained in ss. 4 to 24

 Suit can be dismissed on the grounds of being barred by limitation even if no such
defence has been brought up.

The intention of limitation act is to not condone those suits which have been intentionally
slept on – if a party can show that they have approached any forum for the realization of their
rights, then it will not be barred by limitation since you have made efforts to approach the
matter legally.
The courts have reiterated time and again that a holistic and pragmatic view needs to be taken
with regard to limitation.

S.4 – Expiry of prescribed time when court is closed

S. 5 – Extension of prescribed period in certain cases

If the person approaching the court can satisfy the court of the reasons for delay in
approaching the court within the period of limitation, then the period of limitation can be
extended by the court.

S.6 – Legal disability

Qualification to S.3 – exception where a person with insanity or a minor may institute the suit
after the period the disability
Though the right to be represented by a guardian exists, it is only applicable if the person
exercises it – otherwise, the limitation period will extend till the period he is free of the
disability
If the person dies during this period, then their legal representatives can take over the case –
if the legal representatives also suffer from some disability, S.6 will apply to them as well.
15/10/2022
S.13 – Exclusion of time in cases where leave to sue or appeal as a pauper is applied for
S.14 – Exclusion of time of proceeding bona fide in court without jurisdiction
 Because the purpose of the limitation act is to see whether or not you have made an
attempt to approach the court in time, irrespective of whether it was the right court or
not – provided that approaching the wrong court was a bona fide mistake
S.15 – Exclusion of time in certain other cases
S.16 – Effect of death on or before the accrual of the right to sue.
“Right yet to accrue” – something that is not in existence yet.
Thus, if the person dies before the right accrues, then the legal representative can
enforce this right.
S.17 – Effect of fraud or mistake
The time period for which you are under the effect of the fraud will also be extended
in calculating limitation period.