Regarding limitation

yogesh (Querist) 09 November 2009 This query is : Resolved
if the petitioner files the petition on the basis of the cause of action which has arosen in year 2001-2002 and files it in year 2009 can Respondents pleads that the current petition hit by limitation?

But the petitioner saya that his representationwas replied only in year 2008 can the defence be overuled on this ground??

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Raj Kumar Makkad (Expert) 09 November 2009
You have not mentioned wherein the writ was filed. If the same was filed in High Court then this plea is definitely available to the petitioner but if the same is filed in lower civil couts then the petition is barred under law of limitation and non-reply of the representation is not a good ground to condone the delay.