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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

 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 (Lawyer)     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:

  1. 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
  2. If the Defendant was out of the country fact of which needs to be properly proved with documentary evidence



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