01 November 2021
As per your concerns!
The word limitation in its literal term means a restriction or the rule or circumstances which are limited. The law of limitation has been prescribed as the time limit which is given for different suits to the aggrieved person within which they can approach the court for redress or justice.
According to Section 2 (j) of the Limitation Act, 1963, ‘period of limitation’ means the period of limitation prescribed for any suit, appeal or application by the Schedule, and ‘prescribed period’ means the period of limitation computed by the provisions of this Act.
Typically, the period of limitation for instituting civil suits is three years from the date on which the cause of action arose. There are exceptions: the limitation for a suit to recover possession of the immovable property is 12 years, and the limitation for a claim founded on tort is ordinarily one year. Suits relating to contracts must be instituted within three years from accrual of the cause of action.
In suits of a descripttion not covered by the Schedule to the Limitation Act, the period of limitation is three years.
The period of limitation for an appeal to the High Court from any order is 60 days unless the appeal is from an Order of the High Court to an appellate bench of the High Court when the limitation is 30 days.
The period of limitation for special leave to appeal to the Supreme Court is 90 days.
However, if a High Court issues a certificate of fitness to appeal to the Supreme Court, the limitation is 60 days. For all other appeals, the limitation is 30 days.
The period of limitation for filing a suit may be extended in limited circumstances. These include part-payment, acknowledgement of liability in writing or where the person suffers from a legal disability (ie, minority or insanity).
In calculating the period of limitation, certain periods may be excluded, such as where the plaintiff has been prosecuting a case bona fide and with due diligence in a court without jurisdiction.
Any suit instituted, appeal preferred or application made after the period of limitation is not entertained, although if sufficient cause is shown to explain the delay in filing an appeal or an application (but not a suit) the court may condone the delay.
The question of limitation may be tried as a preliminary issue.
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