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   HomeArea of Practice Law of Limitation

BRIEF NOTES ON...........


THE LIMITATION ACT 1963

An act to consolidate and amend the law for the limitation of suits and other proceedings and for purposes connected therewith. It has come into effect on 1st January 1964.

Period of time to raise disputes or to raise claims or to initiate judicial proceedings by the aggrieved person under the law is considered as one of the most important and relevant grounds either to grant relief or to reject the plea on the ground of limitation.

The main object behind this is not to encourage the persons to raise disputes with regarding to the old and stale claims wherein the court may be reluctant to grant any relief considering the gravity of the dispute/claim.

But the courts are not barred from entertaining such a dispute if reasonable and justifiable reasons to condone the delay are shown, and where statute has not prescribed any time limit, but courts cannot traverse beyond the period of limitation fixed by the statute.

Further, the person who is not diligent in getting the relief for him/her by acting within time is stopped from seeking the relief against any person as he has given up his right in the said dispute.

Subject to the provisions contained in Sections 4 to 24 of the act, every suit/dispute/complaint instituted, raised, appeal preferred, and application made after the prescribed period shall be dismissed although limitation has not been set up as a defence.

It is advised that any time whenever there arise cause of action either to institute suit or to institute any judicial proceedings either before the courts or before any other forum, to act diligently and utmost care and consult advocate to avoid dismissal/rejection of judicial proceedings on the grounds of delay.

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