The word limitation itself explains its meaning. The word limitation in its literal term implies a limitation or the standard or conditions which are constrained. The law of limitation has been prescribed as the time limit for different suits to the person who is aggrieved within which then can move to court for justice in their matters.
The ”Law of Limitation” recommends as far as possible for various suits within which an aggrieved individual can approach the court for redress or justice. The suit, whenever filed after the investigation of the time-limit, is struck by the law of limitation. It’s mainly intended to ensure the long and built up the client and to by implicating it punish people who go into a long slumber over their rights.
The main idea of limitation is identifying with fixing or endorsing of the time period for barring legal action. As indicated by Section 2 (j) of the Limitation Act, 1963, ‘limitation period’ signifies the time of restriction recommended for any suit, appeal or application by the Schedule, and ‘prescribed period’ signifies the time of limitation computed as per the provisions of this Act.
LAW OF LIMITATION:
The law identifying with Law of Limitation to India is the Limitation Act, 1859 and in this way Limitation Act, 1963 which was enacted on fifth of October, 1963 and which came into force from first of January, 1964 for the purpose of consolidating and amending the legal principles relating to limitation of suits and other legal proceedings.
The Law of Limitation connotes to keep from the last date for various legal actions that can take place against an aggrieved individual and to propel the suit and look for a cure or exemplary under the steady gaze of the court. Where a suit is started after the bar of limitation, it will be hit by the law of limitation. The principle and the central point of the law of limitation are to protect the lengthy process of penalizing a person indirectly without doing any offense.
A citizen is not expected to master the various provisions which provide for limitation in different matters but certain basic knowledge in this regard is necessary. For instance, Section 12 of the Limitation Act lays down certain guideline regarding computation of limitation period. It says that in computing the period of limitation for any suit, appeal or application, the day from which such period is to be reckoned, shall be excluded.
According to the provisions given under this act, it is the suit which is initiated, the Appeal which is engaged and the request which are made after the predetermined term which shall be dismissed even though the constraint isn’t raised as a guard. It is a suit that is initiated when a complaint is filed to an appropriate officer in a normal case and when the person is a pauper. In different circumstances, a suit is started when the request for leave to document a suit as a poor person is made and where the cases identifying with the charge which is against the organization that is being wound up by a court, where the applicant at first sent his affirmations to the official liquidator. Where the attestation is made in a type of set-off or counterclaim, it will be esteemed as a different suit and on account of set off, it will likewise be considered to have started on the date on which the preceding for set-off is pleaded. It very well may be said that for a situation of additional claim a suit shall be instituted on a similar date on which the counterclaim has been made. With this, a request by notice of motion is made in the High Court when the application is given to the proper official of that specific Court.
MAIN OBJECT OF LAW OF LIMITATION:
The object of limitation is to give effect to this maxim ‘interest reipublicae ut sit finis litium’ i.e. the interest of the State requires that there should be as far as possible limit to prosecution and to prevent disturbance or deprivation of what may have been acquired in equity and justice by long enjoyment or what may have been lost by a party’s very own inaction, carelessness or laches.
In Halsbury’s Laws of England, the objects of the Limitation Acts have been given as follows:
“The Courts have mainly expressed three distinct reasons supporting the presence of rules of limitation, these are,—
(I) that long dormant cases have a greater amount of cruelty than justice in them;
(ii) That a defendant may have lost the evidence to dispute the State claim;
(iii) That persons with good causes of actions should pursue them with.
EXTENT AND COMMENCEMENT OF LIMITATION ACT, 1963:
Commencement of the Act:
Though the Limitation Act, 1963 received the assent of the President on 5th October, 1963, it came into effect from 1st January, 1964 as the Act contains a commencement clause in Section 1(3) stating that “It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.”
The Government issued a Notification No. SO 3118 dated 29th October, 1963 and published it in the Gazette of India, Part II, S. 3(ii), page 3918 dated 9th November, 1963 stating that the Act comes into force from 1st January, 1964.
Extent of the Act:
As per Section 1(2), the Limitation Act, 1963 extends to the whole of India except the State of Jammu and Kashmir.
The application of the Limitation Act, 1963 has two exemptions, namely,—-
(i) It is not applied in the State of Jammu and Kashmir as per Section 1(2) of the Act.
(ii) As per judgment in Singma Sangma Mechik v. Khilji Sangma Mechik, (AIR 1969 Assam 22), the Act does not apply to disputes between members of a Schedule Tribe e.g. Garo (due to applicability of Customary Law of Tribes).
SALIENT FEATURES OF LIMITATION ACT:
- The Limitation Act contains 32 Sections and 137 Articles. The articles have been divided into 10 parts. The first part is relating to accounts, the second part is relating to contracts, the third part is relating to declaration, the fourth part is relating to decrees and instrument, the fifth part is relating to immovable property, the sixth part is relating to movable property, the seventh part is relating to torts, the eighth part is relating to trusts and trust property, the ninth part is relating to miscellaneous matters and the last part is relating to suits for which there is no prescribed period.
- There is no uniform of limitation for the suits under which the classifications has been attempted.
- The limitation period is reduced from a period of 60 years to 30 years in the case of suit by the mortgagor for the redemption or recovery of possession of the immovable property mortgaged, or in case of a mortgages for the foreclosure or suits by or on the behalf of Central Government or any State Government including the State of Jammu and Kashmir.
- Whereas a longer period of 12 years has been prescribed for different kinds of suits relating to immovable property, trusts and endowments, a period of 3 years has been prescribed for the suits relating to accounts, contracts and declarations, suits relating to decrees and instruments and as well as suits relating to movable property.
- A period varying from 1 to 3 years has been prescribed for suits relating to torts and miscellaneous matters and for suits for which no period of limitation has been provided elsewhere in the Schedule to the Act.
- It is to be taken as the minimum period of seven days of the Act for the appeal against the death sentence passed by the High Court or the Court of Session in the exercise of the original jurisdiction which has been raised to 30 days from the date of sentence given.
- One of the main salient feature of the Limitation Act, 1963 is that it has to avoid the illustration on the suggestion given by the Third Report of the Law Commission on the Limitation Act of 1908 as the illustration which are given are most of the time unnecessary and are often misleading.
- The Limitation Act, 1963 has a very wide range considerably to include almost all the Court proceedings. The definition of ‘application’ has been extended to include any petition, original or otherwise. The change in the language of Section 2 and Section 5 of the Limitation act, 1963 includes all the petition and also application under special laws.
- The new Act has been enlarged with the definition of ‘application’, ‘plaintiff’ and ‘defendant’ as to not only include a person from whom the application. Plaintiff or defendant as the case may be derives his title but also a person whose estate is represented by an executor, administrator or other representatives.
- According to Sections 86 and Section 89 of the Civil Procedure Code, it requires the consent of the Central Government before suing foreign rulers, ambassadors and envoys. The Limitation Act, 1963 provides that when the time obtained for obtaining such consent shall be excluded for computing the period of limitation for filing such suits.
- The Limitation Act, 1963 with its new law signifies that it does not make any racial or class distinction since both Hindu and Muslim Law are now available under the law of limitation as per the existing statute book. In the matter of Syndicate Bank v. Prabha D. Naik, the Supreme Court has observed that the law of limitation under the Limitation Act, 1963 does make any racial or class distinction while making or indulging any law to any particular person.
RULE OF LAW OF LIMITATION:
The Law of Limitation is an adjective law. It is lex fori. Along these lines, it very well may be said that the rules of the Law of Limitation are commonly by all appearances with the principles of methodology and which has not made any rights for a specific individual nor does they define or create any cause of action. It has been simply prescribed that the remedy can be exercised only for a limited fixed period of time and subsequently.
REDRESSAL OF LEGAL INJURY WHEN SUFFERED:
The provisions of Limitation Act which are given in the act are the statute to repose, to reduce frauds and to supply insufficiency of verifications which are emerging from the ambiguity, obscurity or the antiquity. The assumptions proceed upon the claims which are extinguished or are ought to be extinguished whenever they are not litigated with the prescribed period of time.
The right has been estimated as an equivalent with respect to making of the quick diligence to the individual. It has discouraged the litigation by buying some common receptacle which has accumulated from the past occasions which are presently unexplainable and have turned out to be illogical because of slip by of time. The Limitation Act is a law of repose, harmony and equity which has barred the remedy after the failure of particular period of time. This is all in light of the fact that for the public policy and expediency without extinguishing any right in certain cases.
The Law of Limitation keeps a check while pulling of situations where it recommends the time limit within which a suit is to be filled and furthermore it is the time which are accessible within which a wronged individual can get the cure advantageously and in a simple way. While the Law of Compensation of delay keeps the standard of common justice alive and it likewise expresses the certainties that when different people might have different problem then the same kind of sentence or a same singular rule may not apply to all of them in a same manner. Thus, it is necessary to hear the issue first from them and afterward choose as needs be whether they are fit in the criteria of the judgment or whether they ought to be given another opportunity. In this way, it tends to be said that Law of Limitation is particularly significant for the nation like India and it likewise plays a major role in a court of law.