Limitation act
rahul
(Querist) 14 January 2016
This query is : Resolved
Respected Sir,
Fresh suit has been filed by plaintiff & earlier suit was withdrawn with liberty to file fresh. Article 59 & 65 & section 14 of limitation Act is applicable. Before numbering the suit court registrar had taken the objection of limitation & thereafter Plaintiff satisfied the court on the point of limitation. Court recorded that suit is prima facie is in limitation.
Now defendant asking to frame preliminary issue on limitation & if preliminary issue of limitation is framed then who is responsible to prove that suit is in limitation ? Is it plaintiff or Defendant ? Plaintiff has already proved to the court that suit is not barred by limitation by virtue of section 14 of limitation.
M/s. Y-not legal services
(Expert) 16 January 2016
as of given fact the defendant is the petitioner in the interlocutory application. so the burden of proof will be shift to him alone.
same time plaintiff also responsible to prove his counter statement if any.. its will be differ according to case to case
Dr J C Vashista
(Expert) 16 January 2016
The onus lies on the plaintiff to prove that the suit is within limitation, conversly the defendant has a right to disprove the averment of plaintiff.
