Limitation Act

Vishwas Dhavale (Querist) 19 October 2010 This query is : Resolved
If a fraud is played against Court, does Limitation Act attract ?

Sec.17 of the Limitation Act relates to fraud played against a party.

But in given circumstances, I honestly feel that there should not be any period of limitation.

What is the legal position ?

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Devajyoti Barman (Expert) 19 October 2010
I think the legal position is made quite clear by the provisions of Limitation Act. Section 17 and other provisions clearly gives the relief to the plaintiff who either out of fraud or by genuine belief pursuing other legal proceeding than that of the correct one can take advantage of the Act. For example if a person prefers an appeal when Revision is the recourse can take plea and pray for condonation of delay.

Raj Kumar Makkad (Expert) 19 October 2010
There is no limitation to initiate against the person/accused by court in case a fraud has been played against Courts. The legal position in such cases is clear. Some High courts are of the view that fraud with a party is fraud with the courts hence the provisions of section 17 is available therein but general view is that there is no limit for the courts.