Limitation ACT

Bar of limitation

Written BY- Shalini Bishi 

introduction

the limitation act enacted in 5th october 1963 and came into force in 15th january 1964.the limitation act based on two maxim that are

1- intrest republicae at sit firis litium which means it is the intrest of state that there should be end to litiation . 

2- vigilatibus non dormientibus jura subveriunt which means law will help those who are vigilant with their right and not those who sleep upon it .

Essential features of limitation act 1963

the limitation act contain 32 section and 137 articles . in limitation act minimum period of limitation prescribed is 10 days and maximum limition period prescribed is 30 years.

 Bar of limitation

bar of limitation define from section 3 to 5 part 2 of limitation act .

sec 3- bar of limitation

bar of limitation simply means institution of suit appeal or application after the limitation period is banned by law. provision contained in sec 4 to 24 every suit, appeals , application shall be dismissed if it made after the prescribed period .

provision of sec 3 are mendatory but these provision does not apply to execution. 

according to limitation act limitation period for a  money suit is 3 year .if an issue happened related to money in 10.09.2011 then the person have 3 year to institute the suit that is 10.09.2014. if the period from 10.09.2014. if the person not institute suit with in period from 10.09.2011 to 10.09.2014 then the suit is banned by law.

case law 

punjab national bank and ors vs surendra prasad sinha 

in this case it was held that sec 3 only bar the remedy but does not destroy the right.

when tne court presume that suit has been instituted

1-when plaint is presented to proper office.

2- in case of indigent person when he made an application to file a sue .

3- when the company wond by court-

when claimant sand this claim to the official liquidator.

4- in case setoff and counterclaim it shall be treated as diffrent suit.

section-4 Expiry of prescribed when court is closed

the date on which the limitaion period is end to file appeal suit or application if the court is closed on that when the court reopen.

example- if the limitation period expires on the date 10.09.2014 and the court close from 10.9.2014 to 13.9.2014 then suit appeal or application on 14.9.2014.

this section based on 2 maxim 

1- actus curiae reminem  grovabit which means the act of the court shall prejudice no one.

2- lex non cogit ad impossibilia - it means the law does not compel a man to do which he can possibly perform .

section 5 Extension of presuribed period in certain cases 

sec 5 also called condoration delay this section states that any appeal or application file in the court after the limitiation period then court may admit the appeal or application if he give the suiffcient cause for delay.

-sec 5 make it clean that to grant condoration for delay is discreationary power court and the burden of proof lies upon the party.

the party must prove according to sec 5 

1- he was vigilant

2-no negligence on his part

3-no lack of bonafide on this part

which ground are suffient cause and which are not sufficient cause

1- mistake by councel

2- global pendamic

3- mistake of law 

4- death of party's family member 

5- death of party 

6- illness of the party

Not a sufficient cause

ignorance of law and canalessivess never be a sufficient cause.