About

The law of limitation is contained in the Limitation Act, 1963 ('the Act'). The Act which is divided into five parts deals with general rules for computing the period of limitation under various circumstances. The Schedule of the Act gives specific periods of time regarding specific cases.

"Limitation" means the period of time, as prescribed by the Limitation Act, 1963, after which a suit or proceeding regarding violation of a particular right is not maintainable in a court of law in India. The Act applies to every suit instituted, appeal filed and application made except when the period of limitation is specifically provided for in a particular Act. Where a party has not taken the defence of limitation in a case, it is incumbent on the court to dismiss the suit, appeal or application if the action is barred by time.

The provisions of the Act are equaIiy applicable to an ordinary litigant as wel1 as the Government. Any prevailing custom cannot override the positive prescriptions of the Act. Even on mutual consent and agreement the parties cannot extend or alter the period of limitation. The plaintiff has to prove that the suit, appeal or application is made or filed within the period of limitation. He may also state that there are circumstances which take a case out of the ordinary period of limitation.