Limitation Act,

1. By, Neepa Vyas

2. LAW
SUBSTANTIVE
LAW
PROCEDURAL
LAW
Contract Act-1872
Partnership Act-1932
Penal Code-1860
T.P. Act- 1882
Cr.P.C.-1973
C.P.C.- 1908
Evi. Act –
Limitation Act, 1963

3. i. Repose (to rest)
ii. Peace
iii. Justice
(Nav Rattanmal v/s Rajasthan air 1961 sc
1704)

4.  Interest reipublicae ut sit finis litium
The interest of the State requires that there should be an
end to litigation.
 Vigilantibus non dormientibus jura subveniunt
The law assists the vigilant and not one who sleeps over
his rights.

5. According to Halsbury’s Laws of England..
1. Long dormant claims have more of cruelty than
justice in them
2. A defendant might have lost evidence to disprove a
stale claim
3. A person with good cause of action should pursue it
with reasonable diligence.

6. Lecture – 2

7. “every suit instituted, appeal preferred and application
made after the prescribed period shall be dismissed.”
Sushila Devi v/s Ramnandan Prasad AIR 1976 SC
177
Limitaion act applies to proceedings which can be
initiated in a court of law. Tribunals, quasi-judicial
bodies and judicating authorities other than courts, are
not within the contemplation of the Act.

9.  The court can condone delay in filing appeal or
application if the appellant or applicant satisfies the
court that he had sufficient cause for not preferring an
appeal or making an application within such period.
(Section 5)

10. Collector v/s Katiji AIR 1987 SC 1353
1. On merits only.
2. Slight injustice.
3. No delay is occasioned deliberately.
4. “judiciary is respected because it is capable of
removing injustice and is expected to do so.”

11.  Bona fide mistake of counsel.
 Wrong advice by advocate.
 Mistake of law.
 Wrong practice of high court.
 Imprisonment or illness of the party.
 Time for certified copies…

12. Lecture - 3
19/9/17

13. Minor includes
child in womb.

14. Exceptions to Section 3.
 a person entitled to,
 at the time from which the prescribed period is to be
reckoned,
 after the disability has ceases,
 the disability continues up-to the death of that person
 Where a person under disability dies after the
disability ceases but within the period allowed to him
under this section.. (Section 6)

15. Section - 7

16.  Death (sec. 16)
 Fraud or mistake (Sec. 17)
 Written acknowledgment (sec. 18)

17.  16. Effect of death on or before the accrual of
the right to sue or to apply –
 (1) Where a person who have a right to institute a
suit
 (2) Where a person against whom a right to
institute a suit
 (3) Nothing in sub-section (1) or sub-section (2)
applies to suits to enforce rights of pre-emption or
to suit for the possession of immovable property.


18.  based upon the fraud of the defendant or respondent
or his agent;
 The knowledge of the right or title on which a suit or
application is founded is concealed by the fraud of any
such person as aforesaid;
 The suit or application is for relief from the
consequences of a mistake; or

19.  any document necessary to establish the right of the
plaintiff or applicant has been fraudulently concealed
from him;
The period of limitation shall not begin to run until
the plaintiff or applicant has discovered the fraud or
the mistake.

20.  Where a judgment-debtor has, by fraud or force,
prevented the execution of a decree or order,