Artcle 72 clause iv of Limitation act
Querist :
Anonymous
(Querist) 19 October 2010
This query is : Resolved
Respected Seniors,
Defendant filed written statement stating that the suit is barred by limitation because the plaintiff filed suit for compensation againest defendant due to cause of death plaintiff wife who is deceased, for negligently kept the gas sylinder by the defendant infront of his shop resulting which the sylinder was blown away one peace was hit the wife of plaintiff. the plaintiff filed suit after lapse of one year 2 months for compensation. The defendant taken plea that the suit is barred by limitation. so I request the seniors please clarify the matter, is it correct? if it is correct may plese to furnish case law infavour of plaintiff.
Devajyoti Barman
(Expert) 19 October 2010
The suit is never a time barred one. The minimum time limit is 3 years only. I believe the other side stated it more as a typical manner in a written statement than anything else.
