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Manish (BCE)     07 October 2021

Limitation of time for filing the case

A contractual employee was terminated in January, 2020 by giving the vague reason i.e. suffering the work due to long leave taken by him. But in actual the employee denied to shake hands with his superiors in their corrupt practices. After termination a statuory appeal was filed befor the Head of the organisation. But due to pandemic situation of Covid 19, the case before the appropriate court of law has not been filed.

So, is it possible to file the case now? And the same will be admissible or not? There is any limitation of time to filing the case, if yes how much? Kindly reply.



 4 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     07 October 2021

You can file atleast now. In civil matters, the limit is provided in Limitation Act, 1963. The 'Law of Limitation' prescribes the time-limit for different suits within, which an aggrieved person can approach the court for redress or justice. The suit, if filed after the exploration of time-limit, is struck by the law of limitation.

Shashi Dhara   07 October 2021

Take opinion of advocate  in limitation act if not being time prescribed ,then it is three years ,anyhow contact advocate .

Tousif Shaikh   07 October 2021

Yes Sree Rachakonda said it right mostly 3 years is the limit if u haven't filed a suit anywhere within the Jurisdiction, so there is high possibility that u can re-file ur suit now, make it quick before Diwali Vacation.

minakshi bindhani   07 October 2021

As per the illustrated query!

Article 137 of the Limitations Act, 1963 provided that any other applications for which no period of limitations is provided elsewhere, the period confine to 3 years and the time begins to run when the right to apply accrues.

Hope it clarifies the issues!
Regards
Minakshi Bindhani

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