Absence of Pleading of Limitation - Effect

- Absence of Pleading of Limitation...... Effect....!

                                  

- Limitation of suits , appeals and applications are provided in The Limitation Act 1963.

- Basically every suit instituted , appeal preferred , and application be made within prescribed period.

- If any suit , appeal , application is filed after prescribed period shall be dismissed ALTHOUGH LIMITATION has not been set up as a DEFENCE .

- Question of Limitation involves a question of very root of the court's jurisdiction of the court .

 

- Point of limitation though not raised before lower court it can raised in appeal or EVEN in Court of Last RESORT.

- Question of limitation is a mandate for Court , Forum irrespective of fact whether it is raised or not as defence in Pleading.

= = Relevant Provision = =

- Section 3 to 24 of The Limitation Act 1963 .

= Relevant Judgement = = =

- Kamlesh Babu & Ors v/s Lajpat Rai Sharma & Ors A.I.R.2008 S.C.(Supp) 1931 = 2008 SAR 542.

- Foreshore Co-operative Housing Society Ltd v/s Praveen D. Desai (D) through LRS and others A.I.R.2015 S.C.2006 = 2015 SAR 789.

- State of Gujarat v/s Kothari and Associates 2016 All.SCR 857 .

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