Limitation Issue in Civil Suit

Limitation issue in Civil Suit......

                                 

- Basically every civil suit shall be instituted within prescribed period of limitation.

            

- Civil suit instituted after prescribed period of limitation shall be dismissed although Limitation has not been set up as a Defence.

- Means no pleading is necessary in the written statement in respect of limitation of suit as per above legal aspect.

- It means it issue limitation of can be raised at the time of final argument in suit or appeal.

- Lastly but important aspect except provided in Section 12 to 15 of The Limitation Act 1963 prescribed period of limitation for suit  shall not be extended .

= Relevant Provision = 

- Section 3, 12 to 15 of The Limitation Act.

== Relevant Judgement ==

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

--- please peruse all previous blogs. Anybody can circulate all blogs without my consent.