Limitation under the General and Special Law
General law of limitation is applicable only in general cases. Where period of limitation are specifically provided for under the local of special statute, the limitation act shall not be applicable to those cases.
Salient Features of the Limitation Act
First Schedule of the Limitation Act, 1908 contains:
a. First Division deals with Suits (Articles 1 – 149)
b. Second Division deals with Appeals (Articles 150 – 157)
c. Third Division deals with Applications (Articles 158 – 183)
State of Rajastan Vs. Rikhob Chand 1996
“The Rajasthan Hight Court has observed that the rules of limitation are intended to induce the claimant to be prompt in claiming relief and in avoiding unexplained delay and latches (দরজার তালা)”
Rajender Sing Vs. Santal Sing AIR 1973
The Supreme Court of India has held ” The object of the law of limitation is to prevent disturbance of deprivation of what may have been acquired in equity and justice by long enjoyment or what may have been lost by a party’s own inaction, negligence or latches”
Municipal Committee Sheikhupura Vs. Province for Punjab, 3 DLR 1951 Lahor
“The law of limitation is a rule of procedure and does not create or extinguish rights except in the case of acquisition of title to immovable property by prescription under section 28 of the Limitation Act. The right itself continues to exist and if there be any other remedy by which that right can be enforced, the Limitation Act cannot come in the way.”
Dismissal of suits, etc., Instituted, etc. after period of limitation
Subject to provisions contained in section 4 to 25, every suit instituted, appeal preferred, and application made, after the period of limitation prescribed therefor by the first schedule shall be dismissed, although limitation has not been setup as a defense.
Explanation: A suit is instituted, in ordinary case, when the plaint is presented to the proper officer; in the case of a proper officer; in the case of a proper, when his application for leave to sue as a pauper is made; and, in the case of a claim against a company which is being wound up by the court when the claimant first sends in his claim to the official liquidator.
Ittayavira Mathai Vs. Varkey, AIR 1964 SC 907
“It is the duty of the court to take notice of the provision of section 3 and give effect to it even though the point of limitation is not referred to in the pleadings. If it fails to dos its duty, it merely makes an error of law can be corrected only in the manner laid down in the code of Civil Procedure. If the party aggrieved does not take appropriate steps to have that error corrected the erroneous decree will hold good and will not be open to challenge on the basis of being a nullity”
PLD 1964 Karachi 399
“Section 3 of the Limitation Act stands by itself and section 4-25 thereof are not subject to it and should be independently construed.”
AIR 1935 Pesh. (DB) 146
“The inherent power of the court under section 151 of the code of civil procedure cannot be invoked to obtain an extension of limitation”
PLD 1985 SC 153
“A party can not waive a plea of limitation is prescribed by a special or local law”