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Does Defect Filing case means Filing within Limitation?

If a case if filed leaving defect by an advocate and removed defects later, does that fulfill Limitation period of filing that case and is that considered filed within Limitation? Please guide

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Quick Summary

This discussion clarifies whether filing a legal case with initial defects, which are later rectified, counts as being filed within the limitation period. The consensus is that the initial filing date is used for calculating limitation, even if defects are present. Such defects can be cured later, and the case will still be considered filed on time. However, suits barred by limitation are typically dismissed early unless there's a valid explanation for the delay, such as court holidays or force majeure events.

3 Replies

Advocate Bhartesh goyal (advocate) 15 December 2020

Yes, defects may be cured later on and after curing the defect, case is considered being filed within limitation.

Dr J C Vashista (Advocate) 17 December 2020

Initial date of filing shall be considered for counting limitation, even if there are defects/ objections.

Why so many "IF...." "IF ..." which implies that it is a hypothetical and fabricated time pass query, isn't it?

SIVARAMAPRASAD KAPPAGANTU (Retired Manager) 01 January 2021

First of all, a suit that is barred by limitation shall be dismissed in the initial stage itself if there is no proper explanation for the delay in filing the suit beyond the limitation. A few genuine examples are:

If there were sudden holidays of the Court which were otherwise not declared holidays like imposing of a curfew or natural calamity etc force majeure
If the Defendant was out of the country fact of which needs to be properly proved with documentary evidence