Posts tagged ‘condonation of delay’

Law of Limitation

There is a prescribed time period within which a person, who has been denied of any rights or who wants any particular relief from a court or an authority shall apply to the concerned authority. Law does not come to the assistance of a person who sleeps over his rights. With these objectives, The Limitation Act, 1963 was enacted.

 There is a bar of limitation for suits, appeals and applications which are made after a prescribed period and if made after the prescribed period, then they will be dismissed. If the prescribed period for a suit, appeal or application expires on a day when the court is closed, the same may be instituted on the day the court re-opens.

 A court has the power to admit an appeal or an application made after the prescribed period, if the party satisfies the court that he had sufficient cause for not preferring the appeal or application within the specified period. If a person has a legal disability, like insanity or minority, he can file a suit or apply to execute a decree, within the period of limitation after the legal disability ceases.

 While computing the period of limitation, the time period spent in obtaining the certified copy of the order of the lower court, which is being challenged, can be excluded.

 In calculating the period of limitation for which a notice has been given or which the previous sanction of the government or any authority is required, the period of such notice or the time required for such consent shall be excluded.

 In computing the period of limitation of any suit the time during which the defendant has been absent from India shall be excluded. If a person who has the right to institute a suit or make an application dies before the right accrues, then the period of limitation will be computed from the time when there is a legal representative of the deceased.

 In the case of any suit or application which is based upon the fraud of the respondent or is based on the consequences of a mistake the period of limitation shall begin from the point the applicant has discovered the fraud or mistake. Where after the institution of the suit, a new plaintiff or defendant is substituted or added, the suit shall as regards him be deemed to have been instituted when he was so made a party.

 In the case of a suit for compensation for an act, which does not give rise to a cause of action unless some specific injury actually results there from, the period of limitation shall be computed from the time when the injury results.