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Limitation Act Notes - 2


PART II: LIMITATION OF SUITS, APPEALS, AND APPLICATIONS

3. Bar of Limitation

3.1 What is the Bar of Limitation?

  • Any lawsuit, appeal, or application must be filed within a time limit called the "prescribed period."

  • If filed after this period, the case will be dismissed, even if the opposing party (defendant) does not raise the issue of delay.

3.2 When is a Suit Considered Filed?

  • For ordinary cases: When the complaint (plaint) is given to the correct court officer.

  • For people unable to pay court fees (paupers): When they apply for permission to sue as paupers.

  • For cases against companies being wound up: When the claim is first sent to the official liquidator.

3.3 Set-Off and Counterclaim as Separate Suits

  • A "set-off" (defendant’s claim against plaintiff) is considered filed on the same day as the original suit.

  • A "counterclaim" is considered filed when it is actually made in court.

3.4 Applications in High Court

  • An application by notice of motion in the High Court is considered made when presented to the proper officer.

4. Expiry of Prescribed Period When Court Is Closed

4.1 Filing When Court Is Closed

  • If the last day to file a case is a day the court is closed, it can still be filed on the day the court reopens.

  • Even if the court is closed for only part of the day, it is still considered "closed" for this purpose.

5. Extension of Prescribed Period in Certain Cases

5.1 Condonation of Delay

  • Courts can accept certain appeals or applications after the deadline if the applicant shows "sufficient cause" for the delay.

  • Not applicable to applications under Order XXI of the Civil Procedure Code (these mostly relate to execution of decrees).

5.2 What Qualifies as "Sufficient Cause"?

  • Being misled by a court’s order, established practice, or previous judgment might be enough reason for a delay.

6. Legal Disability

6.1 Who Is Considered Legally Disabled?

  • People who are minors (under age), insane, or mentally incapable (idiots) when the time limit starts.

6.2 Effect of Legal Disability

  • Such people can file their suit or application within the prescribed period after their disability ends (for example, after turning 18 or regaining mental capacity).

  • If affected by more than one disability, the time starts after all disabilities have ended.

6.3 Death and Disability

  • If the person under disability dies before the disability ends, their legal representative gets a fresh prescribed period to file the suit or application after the person's death.

  • If the legal representative is also under a disability, similar rules apply as above.

  • If someone dies after disability ends but before they could file, the legal representative has the same time frame as the original person would have had.

6.4 Definition of Minor

  • "Minor" also includes a child in the womb.

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