Harsh Agrawal 28 April 2016
SAINATH DEVALLA (LEGAL CONSULTANT) 28 April 2016
Harsh Agrawal 28 April 2016
the suit was an order 37 suit for recovery where the defendant despite service did not appear before the court. The suit was then coverted to a normal civil suit for recovery and the defendant was proceeded ex-parte. Evidence was carried out by the plaintiff and final arguments were made. while passing the judgment the judge suo motu was of the view that the suit was beyond limitation as the last payment though was made within a period of three years but the payment before that was made beyon three years of such last payment. Thus it would not be covered under section 19 of the limitation act as the last payment was not made within 3 years of the second last payment. thus, the suit was barred by limitation.
My question is that where no ws has been filed and no defence regarding limitation has been taken by the defendant, can the judge suo motu dismiss the suit on the grounds of limitation itself?