Sudhir Sachdeva Law Classes 9999997086

Limitation Act
1963

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Sudhir Sachdeva Law Classes 9999997086

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Sudhir Sachdeva Law Classes 9999997086

QUESTION.1 WHAT IS THE OBJECT OF LIMITATION ACT 1963?

OBJECT OF THE • The object of the Limitation Act, 1963 is
LIMITATION ACT, 1963 • to prescribe the period within existing rights can be
enforced in courts of law.

• The principal in which the law of limitation is based is

• “vigilantibus non dormientibus leges subvenient”
• i.e. the, law aids the diligent and not the indolent.
• This is because with passage of time all evidence of the
facts may be lost.

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QUESTION.2 DISCUSS THE STATEMENT “LIMITATION BARS REMEDY BUT DOES

NOT EXTINGUISH RIGHT”.
(1) LIMITATION BARS • The law of limitation only bars the remedy by way of
REMEDY BUT DOES NOT the suit
EXTINGUISH RIGHT • i.e., if the period of limitation expires,
• the party entitled to file a suit for the enforcement of a
right
• is debarred from doing so.
• However, the original right on which the suit was to
base is not barred.

• Thus, limitation only bars the judicial remedy

• but it does not extinguish the right.
(2) EXAMPLE • Where the recovery of a debt has become time barred
• by the lapse of the prescribed period limitation,
• the right to the debt is not extinguished.

• If the debtor, without being aware of the bar of time,

• pays the debt
• he cannot sue the creditor to refund the money to him
• on the ground that his claims for the recovery of the
debt
• had become time barred.
(3) EXCEPTION • It may be noted that there is one exception to the
aforesaid rule
• which is contained in Section 27 of the Limitation Act,

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Sudhir Sachdeva Law Classes 9999997086

1963.
• It provides that where a person’s right to institute
• the suit for the possession of any property
• has become barred by limitation
• his right to the property itself shall be extinguished.

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QUESTION.3 WHAT DO YOU UNDESTAND BY BAR OF LIMITATION?

BAR OF LIMITATION • Section 3 of the Act provides that
(SEC.3) • any suit, appeal or application
• if made beyond the prescribed period of
limitation,
• it is the duty of the Court
• not to proceed with such suits
• irrespective of the fact whether the plea
of limitation has been set up in defense
or not.
MANDATORY The provisions of Section 3 are mandatory.
• The Court can suo-motu take note of question of
limitation.
HOW TO DECIDE WHETHER • The question whether a suit is barred by
THE SUIT IS BARRED BY limitation should be decided on the facts as
LIMITATION? they stood on the date of presentation of
the plaint.

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