Unit – 1

Jurisdiction

What is jurisdiction: -

The term ‘jurisdiction’ has not been defined in the Code. The word is
derived from two Latin terms ‘juris’ and ‘dicto’ which means ‘I speak
by the law’.

Jurisdiction means the power or authority of a Court of law to hear

and determine a cause or a matter. It is the power to entertain, deal
with and decide a suit, an action, petition or other proceeding.

Jurisdiction of a court means “its authority to decide matters that are

litigated before it or to take cognizance of the matters presented
before it in a formal way for its decision”.

 Jurisdiction on subject matter

A court is said to have jurisdiction of the subject matter of a

particular controversy if the court has the authority to hear and
decide causes of a class to which the particular controversy belongs.

In defining jurisdiction of subject matter in these terms the courts

have emphasized that the jurisdiction of a Court depends upon its
right to decide the case and not upon merits of its decision.

Definition: -

As per Section 9 of the Code, “The courts shall have jurisdiction to

try all suits of a civil nature excepting suits of which their cognizance
is either expressly or impliedly barred”.

Kinds / types of jurisdiction: -

Jurisdiction of a Court may be classified under the following
categories:

1. Civil & Criminal Jurisdiction

Civil jurisdiction is that which concerns and deals with disputes of a

‘civil nature’.

Criminal jurisdiction, on the other hand, relates to crimes and

punishes offenders.

2. Territorial or Local Jurisdiction

Every Court has its own local or territorial limits beyond which it
cannot exercise its jurisdiction. These limits are fixed by the
government. The District Judge has to exercise jurisdiction within his
District and not outside.

The High Court has jurisdiction over the territory of a State within
which it is situate and not beyond it. Again, a Court has no
jurisdiction to try a suit for immovable property situated beyond its
local limits.

3. Pecuniary Jurisdiction

The Code provides that a Court will have jurisdiction only over those
suits the amount or value of the subject-matter of which does not
exceed the pecuniary limits of its jurisdiction.

Some Courts have unlimited pecuniary jurisdiction, e.g., High Courts

and District Courts have no pecuniary limitations. But there are other
Courts having jurisdiction to try suits upto a particular amount. Thus,
a Presidency Small Causes Court cannot entertain a suit in which the
amount claimed exceeds Rs.1000.

4. Jurisdiction as to subject-matter (Short Note)

Subject-matter jurisdiction, also called jurisdiction ratione materiae,
is a legal doctrine regarding the ability of a court to lawfully hear and
adjudicate a case. Subject-matter relates to the nature of a case;
whether it is criminal, civil, whether it is a state issue or a federal
issue, and other substantive features of the case.

Courts must have subject-matter jurisdiction over the particular case

in order to hear it. A court is given the ability to hear a case by a
foundational document, usually a Constitution. Courts are granted
either general jurisdiction or limited jurisdiction, depending on their
type.

Certain Courts are precluded from entertaining certain suits. Thus, a

Presidency Small Causes Court has no jurisdiction to try suits for
specific performance of a contract, partition of immovable property,
foreclosure or redemption of a mortgage, etc. Similarly, in respect of
testamentary matters, divorce cases, probate proceedings,
insolvency proceedings, etc., only the District Judge or Civil Judge
(Sr.Dn.) has jurisdiction.

Example: -

 Rakesh buys consumer goods, and it is found to be defective.

After several requests, the seller refused to replace the item. In
this case, Rakesh has to file a suit in the District Consumer
Redressal Forum and not in any other court or tribunal. Here
the District Consumer Redressal Forum has subject matter
jurisdiction over the same to try the case.
 In US, state courts have general jurisdiction over the affairs
within their state. That means, for most cases, subject-matter
jurisdiction of the state courts covers nearly all subjects within
that state, such as family law, state criminal law, state civil
claims, state tort claims, etc. That power is usually vested in
 the state courts by their state Constitution. Limited jurisdiction,
by contrast, would mean a court does not have jurisdiction
over any given case unless specific conditions are met. US
federal courts are courts of limited jurisdiction, as specific
conditions.

Section 16-20 of the Code of Civil Procedure lays down the provisions
of territorial jurisdiction for the purpose of: -

 Suits in respect of immovable property (Section 16-18) -

provides that the suit is to be instituted where subject matter is
situated. This Section applies to following types of suits:
o For the recovery of immovable property with or without
rent or profits.
o For the partition of immovable property.
o For foreclosure, sale or redemption in the case of a
mortgage of or charge upon immovable property.
o For the determination of any other right to or interest in
immovable property.
o For compensation for wrong to immovable property.
o For the recovery of movable property actually under
distraint or attachment.

Section 17 provides for suits for immovable property when the

property is situated within the jurisdiction of different Courts.

Section 18 provides for those cases where the local limits of

jurisdiction of the Courts are uncertain.

 Suits in respect of movable property (Section 19)

 Suits for compensation for wrong (Section 19)
 Other suits (Section 20)
Section 26 - States that a court cannot take up a case if it doesn't
have jurisdiction over the subject matter of the suit. An order passed
by a court without jurisdiction is not enforceable and is considered
nullity.

5. Original and Appellate Jurisdiction

Original jurisdiction is jurisdiction inherent in, or conferred upon a

Court of first instance. In the exercise of that jurisdiction, a Court of
first instance decides suits, petitions or applications.

Appellate jurisdiction is the power or authority conferred upon a

superior Court to rehear by way of appeal, revision, etc., of causes
which have been tried and decided by Courts of original jurisdiction.

Munsiffs Courts, Courts of Civil Judges, Small Cause Courts are

having original jurisdiction only, while District Courts, High Courts
have original as well as appellate jurisdiction.

6. Exclusive and Concurrent Jurisdiction

Exclusive jurisdiction is that which confers sole power on one Court

or tribunal or try to deal with and decide a case. No other Court or
authority can render a judgment or give a decision in the case or
class of cases.

Concurrent or co-ordinate jurisdiction is jurisdiction which may be

exercised by different Courts or authorities between the same
parties, at the same time and over the same subject-matter. It is,
therefore, open to a litigant to invoke jurisdiction of any of such
Court or authority.

7. General and Special Jurisdiction

General jurisdiction extends to all cases comprised within a class or

classes of causes. Special or limited jurisdiction, on the other hand,
is jurisdiction which is confined to special, particular or limited
causes.

8. Legal and Equitable Jurisdiction

Legal jurisdiction is a jurisdiction exercised by common law Courts in

England, while equitable jurisdiction is a jurisdiction exercised by
equity Courts. Courts in India are Courts of both, law and equity.

9. Municipal and Foreign Jurisdiction

Municipal or domestic jurisdiction is a jurisdiction exercised by

municipal Courts, i.e., Courts in a country. Foreign jurisdiction means
jurisdiction exercised by a Court in a foreign country. A judgment
rendered or decision given by a foreign Court is a ‘foreign judgment’.

10. Expounding and Expanding Jurisdiction

Expounding jurisdiction means to define, clarify and explain

jurisdiction. Expanding jurisdiction means to expand, enlarge or
extend the jurisdiction. It is the duty of the Court to expound its
jurisdiction. It is, however, not proper for the Court to expand its
jurisdiction.

Case laws: -

1. Achuthan Nair vs P. Narayanan Nair

It was held that in India the question whether a suit is cognizable by

a civil court is to be decided with reference to Section 9 of the CPC.
A jurisdiction implies two things:

o Jurisdiction over the subject matter

o A power to make an order
2. Additional Collector of Customs vs M/s Best and Co.
The SC held that jurisdiction consists in taking cognizance of a case
involving determination of some jural relation, in ascertaining the
essential point of it and in pronouncing upon them.

3. Joginder Singh vs Nirmal

The Delhi HC held that, Jurisdiction is the power and authority

conferred by law upon a Court, Judge or Tribunal to decide the
dispute and make judgments/ orders authorised by law.

Conclusion: -

Before instituting a suit, it is very important to know the Court within

whose jurisdiction the suit ought to be instituted. Civil courts has the
jurisdiction to investigate whether tribunal and quasi judicial bodies
or legal executive acted within their jurisdiction.

Suit

Meaning: -

In order that a civil court may have jurisdiction to try a suit, the first
condition which must be satisfied is that the suit must be of a civil
nature.

The word civil has not been defined under the code. But, according
to dictionary meaning, it pertains to private rights and remedies of a
citizen as distinguished from criminal, political, etc.

The word nature has been defined as the fundamental qualities of a

person or thing, identity or essential character, sort kind character.

The expression civil nature is wider than the expression civil

proceedings. Thus, a suit is of a civil nature if the principal questions
therein relates to the determination of a civil right and enforcement
thereof. It is not the status of the parties to the suit, but the subject
matter of it which determines whether or not the suit is of a civil
nature.

Definition: -

As per Section 9 of the Code, “The courts shall have jurisdiction to

try all suits of a civil nature excepting suits of which their cognizance
is either expressly or impliedly barred”.

Nature and scope: -

The expression suit of civil nature will cover private rights and
obligations of a citizen. Political and religious questions cipal
questions relates to caste or religion is not a suit of a civil nature.
But if the principal question in a suit is of a civil nature and the
adjudication incidentally involves the determination relating to a
caste question or to religious rights and ceremonies, it does not
cease to be a suit of a civil nature and the jurisdiction of a civil court
is not barred.

The court has jurisdiction to adjudicate upon those questions also in

order to decide the principal question which is of civil nature.

What is civil suit: -

A suit in which the right to property or to an office is contested is a

suit of a civil nature.

The civil rights can be of a private individual or other known legal

entity as distinguished from groups or associations which have no
distinct legal personality or recognition.

It can be divided into two categories:

 Those which are of civil nature, and

 Those which are not of civil nature.
Suits of civil nature:

Suits of civil nature means a suit that is presented before a civil

court for adjudication of a civil matter, more specifically to
determine the right of property or office.

As per Section 10 of the code it is stated that no court shall proceed

any trial in case if the suit is having the same subject matter which
is already pending in another court between the same parties. The
legal term is known as Res Sub Judice.

As per Section 11 of the code, no court shall try any suit for which
the decision has already passed by the another court or the trial and
proceedings are completed between the same parties having same
subject matter. The legal terminology is known as Res Judicata.

The suits which can be called as civil nature are:

i. Rights to property
ii. Rights of worship
iii. Suits for specific reliefs
iv. Suits for restitution of conjugal rights
v. Suits for rents
vi. Suits for rights of franchise
vii. Suits for or on accounts
viii. Suits for dissolution of marriage

The following suits are not of civil nature:

i. Principally caste questions

ii. Purely religious rites or ceremonies
iii. Upholding mere dignity or honour
iv. Recovery of voluntary payments or offerings
v. Against expulsions from caste, etc
Exceptions: -

Section 10 to 12 of the code deals with the exceptions which also

includes a suit barred expressly or impliedly barred suits.

1. Expressly barred – a suit barred by an enactment for the time

being in force is said to be expressly barred. A competent
legislature can bar jurisdiction of civil courts with respect to a
particular class of suits of a civil nature, provided that, in doing
so, it keeps itself within the field of legislation conferred on it
and does not contravene any provisions of the Constitution.
Hence, a suit is said to be expressly barred when it is
prohibited by the statue for the time being in force.
2. Impliedly barred – a suit barred by general principles of law is
said to be impliedly barred. Where the statue provides a
specific remedy, it deprives the person of a remedy of any
other form. Similarly, even civil suits are barred from the
cognizance of a civil court on the ground of public policy. A suit
is said to be impliedly barred when it is said to be excluded by
general principles of law. When a specific remedy is given by
statue, it, therefore, denies a person who requires a remedy of
any different form than is given by statue.
3. Section 10 – Stay of Suit. (From here short note)

No court shall proceed with the trial of any suit in which the matter
in issue is directly and substantially in issue in a previously instituted
suit between the same parties and the court before which the
previously instituted suit is pending is competent to grant the relief
sought.

The rule applies to the trial of a suit and not for the institution
thereof. It also does not preclude a court from passing interim
orders, such as, grant of injunction or stay, appointment of receiver,
etc.

The object of the section is to prevent the courts of concurrent

jurisdiction from simultaneously entertaining and adjudicating upon
two parallel litigations in respect of the same cause of action, the
same subject matter and the same relief.

It is important to note that the provisions of this section are to be

read alongwith Section 151 of the Code of Civil Procedure under
which a court can refuse the stay of the subsequent suit if with the
institution of a suit the process of the court is abused.

CL - Radhika Conel Parekh vs Konal Parekh

The Madras High Court held that husband must be said to have
brought in subsequent suit, substantially the same question of fact
with respect to custody of child which have to be decided in earlier
suit. Hence, subsequent suit was stayed.

CL – P. C. Jayrath vs Amrit Jayarath

The Punjab and Haryana High Court held that no appeal is

permissible against an order of stay passed under Section 10 as it is
neither a decree nor it comes within the category of appealable
orders.

4. Section 11 – Res Judicata

Introduction: -

The doctrine of Res Judicata or the rule of conclusiveness of a

judgment, as to the points decided either of fact, or of law, or of fact
and law, in every subsequent suit between the same parties.
It enacts that once a matter is finally decided by a competent court,
no party can be permitted to reopen it in subsequent litigation.

In the absence of such a rule there will be no end to litigation and

the parties would be put to constant trouble, harassment and
expenses.

Meaning: -

Dictionary meaning of res judicata is a case or suit already decided.

However, in simple language it means that a final judgment of a
competent court of law may not be disputed on the issue it has
finally settled by the parties or their successors in any subsequent
legal proceedings.

Object: -

The doctrine is based on three Latin maxims which means:

 That no one shall be vexed twice over for the same cause of
action
 It is in the interest of state that there should be an end to
litigation
 There is a judicial decision which must be accepted as correct.

Conditions: -

Res judicata can only apply if:

 Parties of the present suit must be the same as of the former

suit filed by the same parties.
 Subject matter is the same.
 That old case must be decided by the court between the same
parties and in the same subject matter.
 The judgement passed by the court should have jurisdiction to
decide the case.
Exceptions: -

 Parties filed the suit with different cause of action,

 Judgement given by the court involves fraud,
 Court who gave the Judgement didn’t had the jurisdiction.
 The principle of Res Judicata does not apply to the writ of
Habeas Corpus.
 If some new evidence emerges that could not have been
discovered with due diligence during the prior suit, then
the Court may allow the issue to be re-litigated.

The principle of Res Judicata does not apply strictly to public interest
litigations. The procedural laws are not fully applicable to public
interest litigation cases. Where the prior public interest litigation
relates to illegal mining, subsequent public interest litigation to
protect environment is not barred.

For more points refer from Pg No – 71 of Takwani

Conclusion: -

Res Judicata is a concept which is prevalent in all the Jurisdictions of

the world. The principle of res judicata seeks to promote honesty
and fair administration of justice and to prevent abuse of process of
law. The Doctrine of Res Judicata can be understood as something
which restrains the either party to move the clock back after the
final conclusion of proceedings.

5. Section 10 - Res Sub Judice

Exception to the doctrine: -

i. Suit pending in a Foreign Court

The pendency of a suit in a Foreign Court cannot be said to be a
previously instituted suit and the courts in India are not preclude
from trying a suit based on the same cause of action.

ii. Summary suit

Summary suits also constitute an exception to the provisions of

Section 10 as “in a summary suit the trial really begins after the
court grants leave to the defendant to contest the suit, and thus, the
word trial in Section 10 in the context of a suit under Order 37
cannot be interpreted to be the entire proceedings starting with the
institution of the suit”.

iii. Interim orders

Again as already mentioned earlier the rule of res sub judice does
not affect the jurisdiction of the court to pass interim orders, such as
stay, injunction, attachment before judgment appointment of
receiver etc. In fact, it would be in the aid of the judicial process to
dispose off interlocutory matters in between.

Stages of suit

Any court case that involves disputes between individuals over

money or any other injury to personal rights are known as civil
cases. For a Civil Suit, there are two criterions- the cause of action
and the claim for damages/compensation. The Civil Suit must also
fulfil all the conditions laid down in Section 9 of the Code of Civil
Procedure, 1908.

In India, a civil case in initiated when an individual (also known as

the plaintiff) claims to have suffered due to the action of another
individual (also known as the defendant) thereafter filing a
complaint. Majority of the suits follow the principles laid down in the
Code of Civil Procedure, 1908.
Essentials of a suit: -

1. Opposing parties
2. Subject matter in dispute
3. Cause of action
4. Relief

Stages: -

Sections 26 -35 B and Orders 1 to 20 of the first schedule deal with

the procedure relating to suits.

The stages of suit are:

1. Presentation of the Plaint (Order 7 of CPC 1908)

Presentation of the plaint in a court is the initial step of the pleadings

in a case. Every suit commences when the plaintiff files a plaint to
the court. The entire judicial system under the civil law is set in
motion by filing the plaint. The Plaint should consist of the following
contents:

 Name of the court where the suit is being brought

  Name and place of residence of the plaintiff
 Name and place of residence of the defendant
 Whether the plaintiff or the defendant is a minor or of
unsound mind
 Facts constituting the cause of action and the time it
arose
 Facts showing the court has jurisdiction
 Plaintiff’s claims
 The damages in case of money suits
 Proof of the defendant’s liability
 List of the documents submitted with the plaint
2. Issue and Service of Summons on defendant (Order 5) (SHORT
NOTE) (For detail refer Pg - 135 – 141 of Tripathi)

The second stage is the issue and service of summons on the

defendant. Once the suit is registered, summons is sent by the court
to call the person on a specific date whose name is written in the
plaint. Through this, the defendant is notified that a civil proceeding
has commenced against him and he is required to present his
defence in the court. The summons is signed by the judge and
sealed with the seal of court. The court may also require the plaintiff
to be present during the appearance of the defendant as well. The
court might require the party to appear in person if:

 The party resides within the court’s jurisdiction

 They reside at a place that is less than fifty or if there
is railway communication then less than two hundred
miles distance from the Court.

Summons under the CPC are governed under Sections 27 and 28

and Order V of the Code. In tune with the purpose of the service of
summons – which is to provide information to the defendant of the
institution of the suit, and for appearance before the court – a typical
summons will contain the following:

 Purpose for service of summons;

 Date on which the defendant is to appear before the
court (containing the next date of hearing in the suit);
 A copy of the plaint filed by the plaintiff (as mandated
by Order V Rule 2 of the CPC);
 The signature of the judge or his appointed officer, and
the seal of the court;
 Any other appropriate directions which are deemed
necessary by the court.

Section 27 of the CPC provides for an outer limit of thirty days within
which summons must be dispatched to the defendant. Order V Rule
1 gives the defendant thirty days from receiving the summons to
appear before court and file a written statement under Order VIII
Rule 1.

3. Appearance of the parties

After the summons is served to the defendant, the next stage is

commenced with the appearance of the parties before the court on a
specific date mentioned. The defendant is required to appear in front
of the court, either personally or by a representative. If the
defendant fails to appear on the specified date, the court may
proceed ex parte. If the plaintiff is absent on the date, then the court
may dismiss the suit. Where both the parties are not present, the
court dismisses the suit. If the summons was for the final disposition,
then the defendant is required to present evidences or documents in
order to support his case.

4. Ex-party Decree (Order 9)

Whenever a defendant fails to appear in front of the court on the
specified date, the court may proceed ex-parte. A decree against the
defendant in his absence can be passed under the following
circumstances:

 Where any party from whom a written statement is

required fails to present it within the mentioned time
by the court.
 Where the defendant has not filed a pleading, the
court delivers the judgement based on the facts that
are mentioned in the plaint. (Exception: person with
any disability)
 Where the plaintiff is present and the defendant is not.
The court might pass an order that the suit will be
heard ex-parte.

5. Filing of the written statement by the defendant

The defendant is required to file a written statement of his defence

within thirty to ninety days, as allowed by the court. A written
statement is a reply statement of the defendant denying all the
allegations that are made against him by the plaintiff in the plaint.
The defendant can also make counter claims in the written
statement. In case the defendant fails to file a written statement, the
court may take decisions according to the plaint. The provision of
written statement is mentioned in Order 8 of the Code of Civil
Procedure,1908. The following should be the contents of the Written
Statement:

 In the case where the defendant is relying on any

document as his defence or counter-claims, then the
 same documents should be mentioned in the list which
is attached along with the written statement.
 The written statement should point out all the
allegations that the defendant is denying.
 It is important to note that if any document, that the
defendant is relying upon, is not mentioned in the
written statement, the same will not be accepted as an
evidence.
6. Production of documents by the parties

After the written statement is filed by the defendant, the next stage
of the suit is the production of documents. Both the plaintiff and
defendant are required to file the documents that are in their
possession. However, if the document that the party is relying upon,
is not in their possession then they can apply to the court for the
issue of summons to the person in whose possession the document
is.

7. Examination of parties

This is an important stage after appearance. During the first hearing

of the suit the court will ask each party whether they agree to or
denies the allegations that are made in the plaint and the written
statement. The questions can be asked orally by the judge. Such
agreements or denials are recorded by the judge in writing. The
provisions of this stage are mentioned in Order 10 of the Code of
Civil Procedure, 1908.

8. Framing of issues by the court

The stage following the examination of parties is the framing of

issues. This step is exclusively dealt by the judge. Issues arise when
a party denies the allegations of the other party. Each allegation
becomes an issue and judgment is delivered individually on the
issues. If the defendant does not make any defence during the first
hearing, then no issues are formed and judgment is delivered. Order
14 of CPC mentions the provisions regarding the framing of issues.

9. Summoning and Attendance of the witnesses

After the issues are framed, the parties shall present the list of
witnesses, to the court, whom they propose to call either to provide
evidence or to produce documents. This list should be presented on
the date appointed by the court and not later than fifteen days. The
provisions of the same is mentioned in Order 16 of the CPC.

10. Hearing of Suits and Examination of Witnesses

On the date fixed for hearing of the suit, the party having the right
to begin should start with stating his case and producing the
evidences to support the issue that he is bound to prove. The other
party will then continue by stating his cases and produce evidences.
The plaintiff is required to submit the evidence that were mentioned
earlier. The advocate on the defendant’s side will then cross-
examine the plaintiff and any witness that the plaintiff presents. The
same will be the process un the case of the defendant I which the
advocate on the plaintiff’s side will cross-examine him and any
witness presented by him.

11. Argument

After examination of the witness is complete, the suit is kept for

argument. In this stage, both the parties present a summary of the
case and evidence in support of the issues in front of the judge in
the final session.

12. Judgement
Judgement is the statement that is passed by the judge on the
ground of which a decree is passed. After hearing both sides of the
case, the court shall announce the judgement either immediately or
within one month of the completion of the arguments.

13. Preparation of Decree

After the judgement is delivered, the next step is the preparation of

the decree by the concerned clerk. The decree shall agree with the
judgement and should contain the number of the suit, names and
descriptions of the parties, their addresses, the claims and the reliefs
that have been granted. Order 20 Rule 6,6A talks about the
provisions for the preparation of Decree.

14. Execution of Decree

Through execution, a decree-holder compels the judgment-debtor to

carry out the mandate of the decree or order as the case may be. An
execution is considered to be complete when the creditor gets the
money or other claims awarded to him by judgement, decree or
order.

Conclusion: -

Unlike the criminal cases which aims at serving punishments, a civil

suit pursues compensation. It should also be kept in mind that prior
to the final arguments, the parties have a chance to make changes
to their pleading. In such cases, prior permission of the court is
necessary. However, if the above-mentioned procedure is not
followed then the registry has the right to dismiss the suit.

Unit - 5

Introduction: -
Each country has different laws under which one must bring a
lawsuit before the court. These rules are commonly known as
limitation periods.

In India, the period of limitation is dealt with in the Limitation Act,

1963. It plays a very crucial role as it promotes the timely resolution
of disputes between the parties.

Meaning: -

The Law of Limitation is a Procedural Law. It is Lex Fori (the law of

the court in which a proceeding is brought) and is founded on Public
Policy.

The word limitation in its literal terms means a restriction or the rule
or circumstances which are limited. The law of limitation is
prescribed as the time limit given for different suits to the aggrieved
person within which they can approach the court for redress or
justice.

The Law of Limitation ensures that the parties do not resort to

dilatory tactics and avail the remedy promptly.

Definition: -

According to Section 2 (j) of the Limitation Act, 1963, ‘period of

limitation’ means the period of limitation prescribed for any suit,
appeal or application by the Schedule, and ‘prescribed period’
means the period of limitation computed in accordance with the
provisions of this Act.

What is limitation/ Limitation Act: -

The Limitation Act contains 32 Sections and 137 Articles. The articles
have been divided into 10 parts. The Limitation Act is based on two
Latin Maxims which means:
 o Interest Republicae ut sit finis litium-In the interest of
society as a whole, there should be an end to litigation.
o Vigilantibus non dormientibus jura subveniunt - Law will
assist those who are vigilant with their rights and not
those who sleep there upon. In simpler words, the law will
not help those who sleep on their rights.

The main object to limit any legal action is to give effect to the
maxim ‘interest reipublicaeut sit finis litium’, which means that in
the interest of the State is required that there should be a limit to
litigation and also to prevent any kind of disturbance or deprivation
of what may have been acquired in equity and justice or by way of
long enjoyment or what may have been lost by a party’s own
inaction, negligence or leaches (acquiescence).

The intention in accepting the concept of limitation is that

“controversies are restricted to a fixed period of time, lest they
should become immortal while men are mortal.” This statutory
restriction after a certain period of time gives a status to enforce an
existing right.

Simply, it neither creates any right in favour of any person nor does
it define or create any cause of action against the particular person
but it prescribes about the remedy. These remedies can be exercised
only up to a certain period of time and not subsequently.

The main object of the statute of the Limitation Act, 1963 is more
over of a preventive kind and not to impose a statutory bar after a
certain period of time and it gives a quietus to all the suit matters to
enforce an existing right. The object of providing a legal remedy is to
repair the damage which is caused by reason of legal injury.

The Limitation Act is applicable to the suits brought by the plaintiff;

they do not apply to a right setup by the defendant in defence. A
defendant will not be precluded from setting up a right by way in
defence, even if he could not have done so as plaintiff by way of
substantive claim. But the principle that limitation ordinarily does
not bar the defence is not applicable in the case of set off and
counter claim. Any claim by way of set off or a counter claim shall be
treated as a separate suit and shall be deemed to have been
instituted in the case of set off, on the same day that as the suit in
which the set off is claimed and in the case of counter-claim on date
on which the counter claim is made in court.

Case Laws: -

1. State of West Bengal vs The Administrator, Howrah Municipal

Corporation

This case focused on whether the limitation period for suits against
public authorities could be extended. The Supreme Court held that
the limitation period for suits against public authorities, as specified
under the Limitation Act, is applicable and cannot be extended
arbitrarily. This decision underscored the importance of adhering to
prescribed time limits for filing suits against government bodies.

2. Thirumalai Chemicals Ltd v. Union of India

The Supreme Court observed that statutes of limitation are

retrospective so far as they apply to all legal proceedings brought
after their operations for enforcing causes of action accrued earlier.

3. A.S. Krishnappa Chettair v. Nahiappa Chettiar

It was held by Supreme Court of India that the ‘Limitation Act’ is

basically a piece of adjective or procedural law and not substantive
law.

4. Rajmata V.R. Scindia v. State of Uttar Pradesh

It was held by the Supreme Court that the period of limitation
prescribed by ‘Limitation Act’ does not strictly apply to application
under Article 226 & 32 of the Constitution of India.

Salient features: -

The Limitation Act 1963, incorporates several features that are

designed to manage and streamline legal proceedings by setting
time limits for various types of claims. Some of the features are as
follows.

1. Specific Time Frames for Different Actions

The Act prescribes distinct limitation periods for various types of

legal actions, such as civil suits, appeals, and applications. These
time frames are tailored to the nature of each claim to ensure that
appropriate deadlines are set for different types of disputes.

Example: - suits for recovery for the recovery of money or for breach
of contract generally have a limitation period of 3 years, while suits
for recovery of immovable property typically have a period of 12
years.

2. Commencement of Limitation Period

The limitation period usually starts from the date when the cause of
action arises. This is the moment when the plaintiff can first bring
the suit, based on the facts giving rise to the claim. For instance, in
contract disputes, the limitation period starts from the date of
breach.

3. Acknowledgment and Part Payment

The Act allows for the limitation period to be reset if the debtor
acknowledges the debt or makes a part payment. This extension
starts from the date of acknowledgment or payment.
 4. Provisions for Fraud and Mistake

The Act allows for an extension of the limitation period if the cause
of the action is based on fraud or a mistake. In such cases, the
limitation period begins from the date when the fraud or mistake is
discovered, rather than when it occurred. This ensures that parties
cannot evade liability through concealment or deceit.

5. Barred Claims

The Act bars claims that are not filed within the prescribed limitation
periods. It helps avoid the revival of state claims and contributes to
legal certainty and the efficient administration of justice by ensuring
that disputes are resolved within a reasonable time.

6. Rules of Computation

Detailed rules for computing the limitation period are provided,

including how much to account for specific periods such as those
spent in higher courts or in seeking legal remedies. These rules help
in accurately determining the deadline for filing claims and appeals.

7. Flexibility for Different Jurisdictions

The Act applies uniformly across various jurisdictions in India but

also provides for the adaptation of limitation periods based on
specific laws or contexts, offering flexibility while maintaining overall
consistency.

Conclusion: -

The law of limitation prescribes the time limits within which different
suits and proceedings must be initiated by an aggrieved person. The
basic idea of the law of limitation is to set a time limit for legal
actions to prevent dragging suits.
 Legal disability

Introduction: -

The ‘Law of Limitation’ provides an aggrieved party with the time

limit for different suits within which the party can approach the court
for relief.

The suit is dismissed by the competent court where the time limit
provided by the limitation act expires. A situation may exist where,
due to his physical or mental condition, the person is not able to file
a suit or make an application. In such cases, the law may not be the
same and additional rights and benefits may be accorded to
individuals with disabilities.

The concept of legal disability is provided under Section 6 of the

Limitation Act,1963 which further extends to Sections 7, 8 and 9.

What is legal disability: -

Legal disability, as outlined in Section 6 of The Limitation Act, plays a

significant role in determining the timeframe within which individuals
or their legal representatives can file suits.

Legal disability under the Limitation Act can be described as a period

of “cooling off” during which individuals or their legal
representatives are barred from initiating legal proceedings due to
certain constitutional disabilities. Such disabilities may include
minorities, insanity or incompetence. Only after the disability ceases
to exist can the concerned parties or their legal counsel proceed
with filing a suit. Essentially, legal disability imposes eligibility
requirements that determine when parties can challenge their legal
claims.
However, there are circumstances where a person, due to physical
or mental incapacity, is unable to file a suit or make an application.
In such cases, the law acknowledges the need for additional rights
and benefits for individuals with disabilities.

Kinds of legal disability: -

Section 6(1) of the Limitation Act, 1963 provides three types of legal
disabilities:

1. Minor

The first legal disability under Limitation Act is related to the age of
an individual, known as “minor.” According to the Indian Majority
Act, 1875, an individual attains majority at the age of eighteen. It is
important to note the following points as per Section 3(2) of the
Indian Majority Act:

 The day of birth is considered as a whole day.

 The individual is considered a major when the 18th
anniversary of their birth begins.

The Indian Majority Act, 1875 is applicable to individuals of all

religions and can be considered a secular law. However, personal
laws may have different provisions regarding the age of majority.
The Indian Majority Act also considers a child in the womb as a
minor. In cases where the court appoints a guardian for the welfare
of a minor before they turn eighteen, the age of the minority is
extended to twenty-one.

2. Insanity

The second legal disability is “insanity.” The Supreme Court, in the

case of S.K. Yadav v. State of Maharashtra, discussed the concept of
legal insanity. The court held that legal insanity is recognized by the
courts, as distinct from medical insanity. There is no specific test to
prove legal insanity, but even if medical insanity is established in
lower courts, it must be proven again in higher courts. To determine
whether a person is legally insane, their behaviour, antecedents and
events before, during and after the incident must be considered.

3. Idiot

In the case of Hari Singh Gond v. State of Madhya Pradesh, the

Supreme Court defined four sub-types of non-compos mentis,
including “idiot.” An idiot is someone who is unable to count the
days of the week, lacks sane memory since birth and cannot count
up to twenty.

A lunatic experiences periods of sanity interspersed with bouts of

erratic behaviour, such as in the case of epilepsy. Madness is
considered a permanent condition. Lunacy and madness are
categorized as acquired insanity, while idiocy is seen as natural
insanity. This means that while a person can become lunatic or mad
at any time during their lifetime, idiocy is present since birth.

Provisions to relating to institution of suits by persons suffering from

legal disability (Section 6): -

Disability or inability to sue. Disability has been defined as the want

of legal qualification to act and inability of the physical person to act.

1. Where a person entitled to institute a suit or make an

application for the execution of a decree is, at the time from
which the prescribed period is to be reckoned, a minor or
insane, or an idiot, he may institute the suit or make the
application within the same period after the disability has
 ceased, as would otherwise have been allowed from the time
specified therefor in the third column of the Schedule.
2. Where such person is, at the time from which the prescribed
period is to be reckoned, affected by two such disabilities, or
where, before his disability has ceased, he is affected by
another disability, he may institute the suit or make the
application within the same period after both disabilities have
ceased, as would otherwise have been allowed from the time
so specified.
3. Where the disability continues up to the death of that person,
his legal representative may institute the suit or make the
application within the same period after the death, as would
otherwise have been allowed from the time so specified.
4. Where the legal representative referred to in sub-section (3) is,
at the date of the death of the person whom he represents,
affected by any such disability, the rules contained in sub-
sections (1) and (2) shall apply.
5. Where a person under disability dies after the disability ceases
but within the period allowed to him under this section, his
legal representative may institute the suit or make the
application within the same period after the death, as would
otherwise have been available to that person had he not died.

Section 9: -

It is a fundamental principle of law of limitation that "Once the time

has commenced to run it will not cease to do so by reason of any
subsequent event." In other words, the time runs continuously and
without any break, or interruption until the entire prescribed period
has run out and no disability or inability to sue occurring
subsequently can stop it.
This rule has been embodied in Section 9 of the Act in the following
words: "Where once time has begun to run, no subsequent disability
or inability to institute a suit or make an application stops it."

Provided that, where letters of administration to the estate of a

creditor have been granted to his debtor, the running of the period
of a limitation for a suit to recover the debt shall be suspended while
administration continues."

This Section applies not only to suits but to applications as well. This
has not been expressly provided in the Section.

If at the date on which the cause of action arose the plaintiff was
under no disability, or inability, then time will naturally begin to run
against him because there is no reason why the ordinary law should
not have full operation. Section 9 says that once time has begun to
run, no subsequent disability or inability to sue can stop its running.
This applies to a person himself as well as to his representatives-in-
interest after his death.

The Section contemplates a case of subsequent and not of initial

disability, that is, it contemplates those cases where the disability
occurred after the accrual of the cause of action; whereas cases of
initial disability have been provided for by Section 6.

Exceptions to Section 9: -

The principle of Section 9 is strictly applied and no exceptions other

than those which the Act itself prescribes can be recognised. Thus
the running of time is suspended in following eight cases:

1. The proviso to Section 9 contains exception to the general rule

that once time begins to run, no subsequent disability or
inability to sue can stop it. The proviso lays down that when
the administration of an estate has been given to a debtor of
 the deceased, no lime will run against such a debtor until the
administration of estate which has been entrusted to him bas
been finished. In such cases, the law prevents the duty of
properly administering the estate to come into conflict with the
right of the person to sue for the debt, the band to give and the
band to receive is the same.
2. The time spent in obtaining a copy of the decree, sentence or
order appealed from or sought to be reviewed shall be
excluded while computing the period of limitation prescribed
for an appeal or an application for leave to application and an
application for review of judgment. In the same way the time
spent in obtaining the copy of the award shall be excluded,
while computing the period of limitation to file an application to
set aside an award (Section 12).
3. The time taken for prosecuting an application for leave is to be
excluded if leave is necessary while computing the period of
limitation for a suit or appeal (Section 13).
4. If the defendant is absent from India or in the territories
beyond India, under the administration of the Central
Government, the time upto which he has been absent shall be
excluded while computing the period of limitation (Section
15(5)).
5. When the plaintiff bas been prosecuting with due diligence
another same proceedings the lime spent in it shall be
excluded while computing the period of limitation (Section 14).
6. When an injunction or order has been obtained to stay the
institution of suit, the time spent in obtaining injunction or
order shall be excluded while computing the period of
limitation (Section 15(1)).
7. When notice is served before the institution of a suit, the
limitation shall be suspended during the period of police
(Section 15(1)).
 8. The period of limitation shall be suspended during the time for
which the proceedings to set aside the sale has been
prosecuted in a suit for possession by purchaser al an
execution sale (Section 15(4)).

Case Laws: -

1. Pooran Chandra v. Sasson

The Calcutta High Court stated that disability is the state of being
minor, insane or idiot, whereas illness, poverty etc. are instances of
inability.

2. Union of India v. Tata Engineering and Locomotive Co. Ltd.

It was observed "true it is that in terms of Section 9 when time has

begun to run, no subsequent disability or inability to institute a suit
or make an application stops it but Section 9 does not provide for a
computation of period of limitation.

3. Bapu Tatya Desai v. Bala Raojee Desai

This case highlights that Section 7 of the Limitation Act is meant to

restrict the indulgence available to minors. The benefit of Section 6
should not extend to a significantly longer period but only until the
eldest of the minors reaches the age of majority.

Conclusion: -

The Limitation Act incorporates various sections, namely Sections 6,

7, 8 and 9, to address different aspects of legal disability. These
sections collectively define the parameters within which legal
disability operates. Section 6 serves as the primary provision, while
Sections 7, 8 and 9 further expand on specific situations where legal
disability under Limitation Act may apply.
 Condonation of delay

Introduction: -

The legal principle of condonation of delay plays a critical role in

ensuring that litigants are not denied justice due to mere
technicalities or procedural lapses. Under Indian law, the Limitation
Act, 1963, is the primary statute governing time limits within which a
party can approach the courts to seek remedies. However,
recognising that there can be genuine reasons for delays, the law
provides for condonation of delay, which allows courts to admit
cases even after the prescribed limitation period if sufficient cause is
shown.

Condonation of delay: -

Sufficient cause for extension of prescribed period is considered as

the condonation of delay. The term “Sufficient cause” is not defined
under the Limitation Act, 1963. Therefore, it gives a much wider
scope of interpretation. Section 5 of the Limitation Act 1963 states
that, to seek condonation of delay a party must show the “sufficient
cause” of the delay.

Condonation of delay is a discretionary remedy exercised by courts

wherein, upon an application made by a party who wishes to have
an appeal or application admitted after the prescribed period, the
court may condone (overlook) the delay if the party provides a
“sufficient cause” that hindered them from filing the appeal or
application on time.

What is sufficient cause: -

Sufficient cause means there should be adequate reasons or

reasonable ground for the court to believe the applicant was
prevented from proceeding with the application in a Court of Law.
Section 5 allows the extension of the prescribed period in certain
cases on sufficient cause being shown for the delay.

CL - State of West Bengal v. Administrator

The Supreme Court held that the extension of time is a matter of

concession and cannot be claimed by the party as a matter of right.

It is difficult and undesirable to precisely define the meaning of

sufficient cause. It must be determined by the facts and
circumstances of each case. However, a sufficient cause should fulfill
the following essentials:

 It must be a cause which was beyond the control of the

party invoking it.
 He must not be guilty of negligence.
 His diligence and care must be shown.
 His intention must be bonafide.

Illustrations –

 The applicant was misled by any order, practice or judgment of

the court in ascertaining or computing the prescribed period
 Serious illness of the applicant
 Significant changes in the law
 Applicant is disqualified under any law for the time being in
force
 Delay in procuring copies from the officials

Provisions: -

Section 5 states: “Any appeal or any application, other than an

application under any of the provisions of Order XXI of the Code of
Civil Procedure, 1908, may be admitted after the prescribed period if
the appellant or the applicant satisfies the court that he had
sufficient cause for not preferring the appeal or making the
application within such period.”

The provision applies to:

 Appeals
 Applications

It explicitly excludes suits from its purview, meaning condonation of

delay cannot be invoked for filing a suit beyond the limitation period.

Instances/ Circumstances where condonation is allowed-

 Subsequent changes in the law.

 Imprisonment of the party filing the suit or appeal.
 Illness of the person filing the suit or appeal or application.
 Party is a pardanashin woman.
 Party is illiterate.
 Delay caused due to the pendency of the writ petition.
 Party belongs to a minority group having insufficient funds.

Exceptions: -

1. Applicable only to criminal proceedings

2. Does not include suit and only covers appeals and applications
3. Other than an application under any of the provisions of Order
XXI the doctrine covers all appeals and applications.

Case Laws: -

1. Collector Land Acquisition v. Mst. Katiji & Ors.

In this landmark case, the Supreme Court of India laid down

important principles for interpreting the doctrine of condonation of
delay. The court held that a liberal approach should be adopted
when dealing with condonation applications, especially when public
interest is involved. The court emphasised that:

 Substantial justice should be preferred over technical

considerations.
 Litigants do not gain any advantage by delaying the filing of
an appeal.
 Each day’s delay must be explained, but this requirement
should be applied in a pragmatic, not pedantic, manner.

The court highlighted that refusing to condone a delay could result in

a meritorious case being dismissed purely on technical grounds,
which would be against the interests of justice.

2. Balakrishnan v. M.A. Krishnamurthy

In Balakrishnan v. M.A. Krishnamurthy, the Supreme Court held that

the law of limitation is based on public policy and aims to prevent
parties from being penalised for delays caused by circumstances
beyond their control. The court reiterated that the term “sufficient
cause” should be interpreted liberally, and that the goal of the
Limitation Act is not to destroy the rights of parties but to ensure
timely pursuit of remedies.

3. State of West Bengal v. Howrah Municipality

In this case, the Supreme Court emphasised that the term “sufficient
cause” should be construed liberally in favor of granting condonation
to prevent injustice. The court observed that procedural
technicalities should not override the fundamental principle of
ensuring access to justice.

4. Ramlal v. Rewa Coalfields Ltd.

In this case, the Supreme Court held that while explaining the delay,
the litigant must account for the entire period from the date the
limitation expired to the date of filing the appeal or application. A
lack of diligence in pursuing the case until the last date of limitation
can disqualify the litigant from seeking condonation of delay.

Conclusion: -

The doctrine of condonation of delay under the Limitation Act, 1963,

serves as a vital safeguard against the dismissal of meritorious
cases due to procedural lapses. By granting courts the discretionary
power to extend limitation periods when sufficient cause is shown,
the law ensures that justice is not denied due to technicalities.
However, this discretion must be exercised judiciously, balancing the
need for timely litigation with the need for fairness and justice.

The legal framework for condonation of delay, as developed through

judicial precedents, emphasises a liberal approach to interpreting
sufficient cause, ensuring that the substantive rights of litigants are
not sacrificed at the altar of procedural technicalities. As the courts
continue to refine the application of this doctrine, it remains a
cornerstone of ensuring access to justice within the framework of the
Limitation Act.

Effects of fraud or mistake

Introduction: -

The Limitation Act, 1963 (hereinafter as “the Act”) stipulates periods

within which legal proceedings must be commenced, failing which
the right to seek legal remedy is terminated. However, there exist
circumstances which may cause genuine delay in the filing of suits
where rigid application of limitation periods may lead to injustice,
especially in meritorious cases.
To combat this issue, the Act also provides certain safeguards in
specific circumstances to provide relief to cases when there exist
genuine causes of delay. One such circumstance is fraud or mistake,
the safeguard for which is provided under Section 17 of the Act.

This provision of the Act provides for relief in cases where the
litigant’s right to seek remedy has been affected due to the other
party’s fraud or mistake which has been committed without the
aggrieved party’s fault. It pauses the limitation period until the fraud
or mistake has been discovered by the litigant or could have been
discovered by exercising reasonable care or diligence. Essentially,
this provision protects the rights of victims of fraud or mistake to
seek legal remedy by allowing them to initiate proceedings even
after the expiry of the standard limitation period.

Relief: -

This provision does not apply to criminal cases, but only suits or
applications for which period of limitation has been prescribed by the
Act. The provision provides for four situations when the period of
limitation of the concerned legal action is paused. These
circumstances are:

 When the suit or application filed is based on the

defendant’s fraud of their agent.
 When the knowledge of the right or title forming the basis of
the suit or application is hidden due to the fraud of the
defendant or their agent.
 When the suit or application is seeking relief from the
consequences of a mistake.
 When a document essential for establishing the plaintiff’s or
applicant’s right has been fraudulently concealed from
them.
In the aforementioned situations, the period of limitation does not
commence unless and until the victim of the fraud or mistake has
discovered it or could have discovered it with due care or diligence,
or in case of a concealed document until the applicant first had the
means of procuring such document until the applicant first had the
means of procuring such document.

Restrictions: -

The property was acquired for valuable consideration by an

individual who was not involved in the fraud and was unaware of the
fraud at the time of purchase.

The property, which is associated with a mistake, was obtained for

valuable consideration after the mistake occurred by someone
uninformed or who did not have any reason to believe in the
mistake.

The property, connected to a concealed document, was acquired for

valuable consideration by someone who was not a part of such
concealment and was either unaware or did not have any reason to
believe in the concealment during the purchase.

The provision further provides that if a judgment debtor uses fraud

or force to obstruct the execution of a decree or order within the
limitation period, the court, at its discretion, may extend the
execution period upon the application of judgment-creditor, provided
that the application is submitted within one year from discovering
such fraud or the cessation of force.

Such restrictions make sure that the innocent purchasers are also
taken care of and that they do not face any disadvantage for being a
part of a transaction with bona fide intention.

Grounds: -
The grounds for execution of the period of limitation under Section
17 are fraud, mistake and concealments and the effect thereof.

The word ‘fraud’ is not defined in the Limitation Act. It must,

therefore, have its plain literal meaning. Fraud means dishonesty or
grave moral culpability. It means deceit and does not include
robbery. It is stated that wherever fraud is alleged two elements are
at least essential viz. first deceit or intention to deceive or, in some
cases a mere secrecy; and secondly, either actual injury or possible
injury or an intention to expose same person either to actual injury
or to a risk of possible injury by means of deceit or secrecy.

One of the essential conditions of fraud is that there must be an

intention to deceive another party. A necessary element in fraud is
deception or deceit and getting somebody to believe something that
is not really correct. The term ‘concealed fraud’ means a case of
designed fraud by which a party, knowing

to whom the right belongs, conceals the circumstances giving that

right, and by means of such concealments enables himself to enter
and hold property.

In order to constitute fraud there must be some abuse of a

confidential position, some intentional imposition or some deliberate
concealment of facts. It is stated that ‘fraud’ does not necessarily
imply moral turpitude; it is enough if the conduct of the defendant or
his agent is so unconscionable that it would be inequitable to allow
him to rely on the limitation period.

Meaning of Mistake and Fraud: -

Mistake means an unconscious ignorance or forgetfulness of a fact,

past or present, material to the contract, or a brief in the present
existence of a thing material to the contract which does not exist;
some intention act, omission, or error arising from ignorance,
surprise, imposition, or misplaced confidence, in a legal senses, the
doing of an act under an errorless conviction, which act, but for such
conviction would not have been done. Mistake is not mere
forgetfulness, it is a slip made, not by design but by mischance.

The term mistake comprises within its scope a mistake of law as well
as a mistake of fact. A mistake of law occurs when a person having
full knowledge of facts comes to an erroneous conclusion as to their
legal effect. A mistake of fact is a mistake which takes place when
some fact which really exists is unknown; or some fact is supposed
to exist which really does not exist. Mistake of foreign laws is a
mistake of fact.

It has been held that in a suit for refund of money paid by mistake of
law Section 72 of the Contract Act and provision of 17(1)(c) of
Limitation Act 1963 will be attracted and limitation will run only from
the date on which the particular law under which it was paid was
declared by a competent court as invalid.

The word ‘fraud’ with reference to Section 17 of the Limitation Act is

to be such fraud as is essential ingredient of the cause of action.
Fraud affects limitation only where it prevented a person from
knowing of his right or the title on which his claim was fraud. Fraud
contemplated under Section 17 is the actual and active fraud in the
means adopted to keep the person injured out of the knowledge of
his right.

There must be some abuse of a confidential position, some

intentional imposition or some deliberate concealment of facts; a
designed fraud by which a party knowing to whom the right
belonged, concealed the facts and circumstances giving that right.
The fraud contemplated in Section 17 is the fraud of the defendant
or same person through whom he derives his title; it does not mean
the fraud of the third person. If itis alleged that the fraud was
committed by the servant or agent of the defendant, it must be
shown that it was committed for the general or specific benefit of
the principal and not for the private purposes of the servant or
agent.

Effect of fraud or mistake case laws: -

The period of limitation starts only after fraud or mistake is

discovered by the affected party.

1. Vidarbha Veneer Industries Ltd. v. UOI

It was held that limitation starts from the date of knowledge of a

mistake of law. It may be even 100 years from the date of payment.
The cardinal principle enshrined in section 17 of the Limitation
Act is that fraud nullifies everything. Thus, an appeal against the
party can be admitted beyond limitation, if the party has committed
fraud (in submitting non-genuine documents at adjudication in this
case) – CC v. Candid Enterprises 2001(130) ELT 404 (SC 3 member
bench).

2. M. Kishore v. State of M.P

The Supreme Court allowed for the condonation of delay owing to

the mistake of law. The court observed that in situations where a
payment is made due to a mistake of law, as opposed to a mistake
of fact, the error is generally realized by the party only when a court
declares such law as invalid. Identifying a mistake of law is rarely
possible unless a judgment affirms the law’s validity, unlike mistakes
of fact, which can often be discovered with reasonable diligence or
care, even before a court rules on it. The need for a court’s judgment
on the invalidity of the law generally signifies that the parties may
not readily distinguish legal mistakes without the authoritative
intervention of a judicial decision.

Conclusion: -

Section 17 of the Limitation Act, 1963 is an essential provision

depicting the balance between adherence to law and the
administration of justice. By bringing flexibility to the rigid timelines
of the law of limitation in case of fraud or mistake, it allows
meritorious cases to have their day in court and exercise their right
to seek legal remedy. In addition, there are reasonable restrictions
which prevent misuse of such relief. It also makes sure that the
negligence of a party in not being able to discover the mistake or
fraud by not exercising due diligence is not awarded either. A
combination of all such provisions in Section 17 points towards the
ethics of the Limitation Act, making it quite indispensable to the Act.

Limitation Bars Remedy, But Does Not Extinguish the Right

Introduction: -

The laws of limitation are statutes of peace and repose, statues that
manifest the policy of law in lending its aid only to those who are
vigilant and not those who sleep over their rights (Vigilantibus Non
Dormentibus Juria Subvenient).

Limitation laws suggest that all disputes "claims" remedies should

be kept alive only for a legislatively fixed period of time, for
otherwise disputes would be immortal when man is mortal.

Though arbitrarily fixed limits may seem unfair to some, however

they are most pragmatic insofar as there is rarely any justice in stale
claims- and evidence also gets destroyed, hence keeping remedy
alive serves no useful purpose. Law of limitation is rigid - courts have
no power to free the litigant from its shackles by using its inherent
powers, however the rigidity of the law has been cut down by
providing the principles of exception and exclusion these principles
make just allowances ex debito justitate and are based on one
rational principle or the other.

Definition: -

According to John Austin, “A right has to be a perfect right but once

the bar of limitation applies, the right becomes unenforceable and
hence it is a substantive law right without any remedy”.

Objective: -

 The Law of Limitation sets specific timeframes for enforcing

rights in a court of law.
 These timeframes for various suits are detailed in the Act's
schedule.
 The primary objective of this Act is to prevent prolonged
litigation and ensure the swift resolution of cases, leading to
more effective legal proceedings.

Nature of Limitation: -

Purpose: The Limitation Act, 1963, sets out time limits (limitations
periods) within which legal proceedings must be initiated for various
types of claims.

Statutory Limits: These limits vary depending on the nature of the

claim (e.g., contracts, torts, property disputes) and are intended to
ensure prompt resolution of disputes and prevent stale claims.

Limitation Bars Remedy: -

Section 3 of the Limitation Act states that any suit, appeal, or
application filed after the prescribed time must be dismissed by the
court as time barred.

Section 3 mandates the court to dismiss a suit even though

limitation is not set up as a defense. Normally in actual practice -
court frames a preliminary issue on the question of limitation as the
same relates to a bar of law, if the bar of limitation is apparent on
the face of the plaint – it may also entail Rejection under order 7 rule
11 of CPC. Otherwise evidences are taken – which leads to a
dismissal or the suit continues.

 The law of limitation bars the remedy in a court of law but it

does not extinguish the right of the party i.e., the right
continues to exist.
 The parties can settle their claim outside the court of law.
 If the right can be enforced by some other lawful means then
the Limitation Act will not come as a roadblock.
 The object is to make sure that litigants are vigilant in seeking
their remedy regarding any claim and to help bona fide claims.
 It intends at imposing a bar after a certain period of time to
institute a suit, appeal, or application to enforce an existing
right.
 It does not aim at giving a right where there is none or
extinguishing the right where it exists.

But Does Not Extinguish the Right (Exception): -

Section 27 of the Limitation Act states that when the prescribed

period for initiating a suit to claim possession of property expires,
the person's right to that property is extinguished. However,
authorities have rightly held that this section does not apply to
property incapable of possession, such as debts, where the lapse of
time does not extinguish the person's right to the property.

Example: - a debt, the section has no application, and lapse of time

does not extinguish the right of a person thereto.

It is the only exception to the general effect of the act in barring only
the remedy and not the right. This section, in cases of recovery of
possession, if an action is not brought within the period stipulated-
destroys the very right.) Also, known as the doctrine of adverse
possession - if use of property "its care or attempt to regain is
foregone for a period - and an adverse title being established is not
opposed to through the instrumentality of law or otherwise. The
other person does acquire a valid title.

This is baffling for a reasonable man how does some years of

illegality turn into a legality. This concept of adverse possession is
affront to the notions of justice and equity and run counter to
modern ideas of propriety rights. The Supreme - court has gone to
the extent of saying that- adverse possession is an area where
justice and law do not happily co-incide. Keeping in mind this
observation and the inherent unjust nature of this principle, courts
have been consistently insisting on a very rigid satisfaction of
conditions - only after which adverse possession ripes into title.
These conditions have to be specifically claimed and proved.

Under section 25(3), a barred debt is good consideration for a fresh

promise to pay the amount. Then a debtor makes a payment without
any direction as to how it is to be appropriated, the creditor has the
right to appropriate it towards a barred debt. It has also been held
that a creditor is entitled to recover the debt from the surety, even
though a suit on it is barred against the principal debtor). And when
a creditor has a lien over goods by way of security for a loan, he can
enforce the lien for obtaining satisfaction of the debt, even though
an action thereon would be time barred.

 In a suit for possession of any property on the determination of

the period of limitation not only the remedy.
 But the right is also extinguished because it cannot be
recovered after the expiration of a period of limitation.

Application to courts: -

 Section 3(c): An application to a High Court by notice of motion

is considered made when it is presented to the appropriate
court officer.
 If the prescribed period for any application expires on the day
when the court is closed, it may be filed on the next day the
court is open, in accordance with Section 4.

Case Laws: -

1. Bombay Dyeing and Manufacturing Co. Vs State of Bombay

It was held by the Supreme Court that -

 Lapse of time does not extinguish the right of a person.

 Limitation bars the remedy and does not extinguish the
right.
2. First National Bank Ltd. Vs Seth Sant Lal

It was held by the hon’ble court that –

 The debt does not cease to be debt because its recovery

is barred by the statute.
 The right continues to exist though the remedy is time
barred.
3. Punjab National Bank and Ors v. Surendra Prasad Sinha (1992):
In the case, the Supreme Court clarified that statutory limitations
serve to prevent the enforcement of legal remedies after a set time,
without nullifying the underlying rights. Section 3 of the Limitation
Act bars remedies but preserves the enforceability of rights,
emphasizing that while access to legal recourse may expire, the
fundamental entitlements endure beyond the specified time frame.

Conclusion: -

The Limitation Act, 1963, operates to limit the temporal scope within
which legal actions can be initiated, preserving substantive rights
while barring legal remedies once the prescribed period has expired.
Understanding the distinction between the right and the remedy
under the Act is crucial for both legal practitioners and individuals
involved in potential legal disputes.

Acknowledgment

Introduction: -

The Limitation Act, 1963, is a vital statute in Indian law, establishing

deadlines for filing civil suits and applications. The core principle
behind this Act is to ensure prompt resolution of legal disputes,
preventing indefinite delays in claiming rights or liabilities. However,
to balance strict timelines with fairness, the Act includes provisions
like Section 18, which allows certain flexibility through
acknowledgement of liability. Acknowledgement under this section
can reset or renew the limitation period, ensuring that defendants
can’t exploit the statute’s time-barred defences unjustly.

Meaning: -

An Acknowledgement is an admission by the writer that there is a

debt owing by him, either to the receiver of the letter or to some
other person on whose behalf the letter is received, but it is not
enough that he refers to a debt being due from somebody.

An acknowledgement must be one from which an absolute promise

to pay can be inferred, or an unconditional promise to pay the
specific debt, or that there must be a conditional promise to pay the
debt and evidence that the condition has been performed.

Purpose: -

The Limitation Act’s strict timelines encourage diligent legal action

but can potentially disadvantage plaintiffs who postpone lawsuits
based on defendants’ promises to pay or acknowledge the debt.
Section 18 of the Act addresses this issue by allowing the plaintiff to
rely on the debtor’s acknowledgement, which can restart the
limitation period, giving the plaintiff an extended opportunity to file
a suit.

This flexibility discourages defendants from making empty promises

or assurances solely to avoid paying debts, ensuring ethical
adherence to financial or legal obligations.

What is Acknowledgment: -

Acknowledgement, in the legal context, is essentially a debtor’s

formal recognition of existing liability. According to Black’s Law
Dictionary, acknowledgement signifies “a recognition of something
as being factual,” which in this case is the factual existence of a debt
or liability. For Section 18, acknowledgement must be in written form
and signed by the debtor to reset the limitation period.

The acknowledgement doesn’t need to contain an express promise

to pay. The acknowledgement’s intent is to confirm the existence of
the debt, with the signature indicating that the debtor willingly
admits to the liability.
Provisions: -

Section 18 to 20 of the Limitation Act, 1963, lays down the

provisions for Acknowledgment.

Section 18 states that: -

 Written Acknowledgement: Acknowledgement of liability

must be documented and signed.
 Timeline: This acknowledgement must occur within the
original limitation period.
 Effect on Limitation Period: Upon acknowledgement, a new
limitation period commences from the date of
acknowledgement.
 Who Can Acknowledge: The debtor or an authorised agent
must sign the acknowledgement.

These requirements are crucial, as they ensure that

acknowledgement is deliberate and documented, preventing
frivolous or unintentional admissions from affecting limitation
periods.

Conditions: -

 The payment must be made within the prescribed period of

limitation.
 It must be acknowledged by some form of writing either in the
handwriting of a prayer himself or signed by him. If there is no
acknowledgment in the required form, the payment by itself is
of no avail.
 Th word “prescribed” means the period prescribed in the First
Schedule, not the period within which the plaintiff may bring
his suit.
  The term ‘person liable to pay debt’ includes not only a person
who is personally liable but also a person who is not personally
liable but whose interest in the family property is liable.

Requisite/ essentials: -

 Acknowledgment must be made before the expiration of the

limitation period. It must be made after the period of limitation
has begun to run and while it is actually running.
 Acknowledgement of liability must be in writing. Hence oral
acknowledgment is not sufficient.
 Acknowledgment must be signed by the person making the
acknowledgment or by his duly authorized agent.
 Acknowledgment must be made by the party against whom
any property or right is claimed or by some person through
whom he derives title or liability.
 Acknowledgment must be in respect of the particular property
or right claimed in the suit or application.
 Acknowledgment need not be express, it may be by necessary
implication.

Section 19 states about: -

Payment as an Acknowledgement- In addition to written

acknowledgement, Section 19 provides that partial payments on a
debt or payment of interest on a legacy can also reset the limitation
period, provided it is acknowledged by the debtor’s signature. This
provision recognises that actual payments serve as a form of
acknowledgement of the existing debt, effectively refreshing the
limitation period from the payment date.

Case Laws: -

1. Sampuran Singh v. Niranjan Kaur

The Supreme Court clarified that acknowledgement must occur
within the limitation period to extend it. Any acknowledgement
made after the expiration of the limitation period doesn’t revive the
debt, thereby reinforcing the importance of timely
acknowledgement.

2. S. Natarajan v. Sama Dharman

In this case, the court ruled that acknowledgement could be inferred

from other formal documents, such as cheques, which serve as a
promise to pay even if the debt is time-barred. This
acknowledgement was validated as the debtor’s signature on the
balance sheets indicated the ongoing existence of the debt.

3. Prabhakaran v. M. Azhagiri Pillai

Here, the Supreme Court dealt with an implied acknowledgement in

a mortgage case. The court emphasised that an acknowledgement
could be implicit if it sufficiently indicates the debtor’s recognition of
the creditor’s rights, even when it’s not an outright admission. This
case broadened the scope of acknowledgement to cover implied
acknowledgements under certain conditions.

4. Syndicate Bank v. R. Veeranna

In this case, the court established that a clear, unqualified

acknowledgement of debt suffices to reset the limitation period,
providing cause for action against the debtor. This acknowledgement
also solidified the binding nature of Section 18 when no contrary
evidence was provided.

Conclusion: -

This provision encourages ethical behaviour, deters misuse of the

limitation bar, and allows plaintiffs a reasonable opportunity to claim
their rights. Section 18 stands as a testament to the law’s
commitment to fair adjudication, promoting accountability while
maintaining the principle of timely dispute resolution. Ensuring that
acknowledgement provisions evolve with contemporary needs—such
as digital acknowledgements—will further strengthen this balance,
adapting legal practices to the realities of the modern business
world.

Execution petition on decree

Meaning: -

The CPC contains no definition for the word “execution.” The act of
carrying out, upholding, or giving effect to a court of justice’s order
or verdict is referred to as “execution.”

In simple terms, “execution” refers to the act of putting the court’s

decree or judgment into effect by requiring the judgment debtor to
follow the directives in the decree or order and allowing the decree
holder to retrieve the item that was awarded to him by the decree.

In Execution Proceedings a party who files the suit will be anxious as

to how his suit will be determined. A party who obtains a decree is
certain about the relief he got. But however, he will be uncertain as
to when he could realize the fruits of the decree obtained by him. He
has to sweat for enforcement.

Relevant provisions: -

The relevant provisions with regard to the Execution are Sections 36

to 75 Sections 144, 146, 148 Civil Procedure Code. Order - 21 of Civil
Procedure Code which contains 106 Rules. Rules 205 to 285 in
Chapter-16 of Civil Rules of Practice also deals with Execution.
Articles 125 to 129 and 134 to 137 deal with Limitation Aspects with
regard to Execution proceedings. The provisions under Court Fee Act
Process Fee Rules, A. P. Advocate Fee Rules are also relevant to some
extent.
Limitation and executing court: -

Period of limitation under ‘The Limitation Act, 1963’ for filing of

execution petition is 12 years from the date that the decree
becomes enforceable. The same shall be filed in the very court that
exercised original jurisdiction. However, the court may transfer the
same for execution to any other court directly, even if it is situated
outside the State. This could be for various reasons such as the
immovable property to be sold falls under the territorial jurisdiction
of that court etc. While transferring the decree for execution, the
court shall send all relevant documents viz. copy of the decree,
certificate setting forth that due claim remains unsatisfied or any
part that remains, etc.

Various modes for executing decree: -

A decree may be carried out in a number of ways, but the Court

must adhere to the relevant guidelines outlined in Order 21. Order
XXI Rule 10 states that in order for the decree-holder to have it
executed, he must submit an application to the court. The various
modes of execution of decree under CPC are as follows: -

1. By Delivery of any Property specifically decreed

MOVABLE PROPERTY: In the event that the property is movable, the

decree is carried out by taking possession of it and giving it to the
decree-holder or another individual he appoints. The confiscated
movable property must be handed to the buyer if it is going to be
sold.

IMMOVABLE PROPERTY: Immovable property may be delivered to the

individual to whom it has been awarded or to that person’s
representative when the decree calls for the delivery of such
property.

2. By attachment and sale or by sale without attachment of any

property

There are several provisions in the Order 21 which provide for

attachment such as attachment of movables, agricultural produce,
debt, shares, attachment of salary of Govt.employees , attachment
of salary of private employees, attachment of partition property,
negotiable instruments, property in the custody of court, attachment
of decree and attachment of immovable properties etc. The different
provisions provide for different modes of execution and provide
specific manner of attachment and the consequences for the breach
of an order of attachment and the fastening of liability.

Attachment is provided in the Civil Procedure Code at Two Stages:

(i) One is stage before passing of Judgment which is provided

under Order-38 of CPC from Rules 5 to 13;
(ii) Second is after passing of decree by way of attachment of
movables, attachment of Salary Attachment of a decree
attachment of Negotiable Instruments, attachment of
Immovables. The contours of attachment and sale in
Execution of decrees is provided under Section -60 of CPC.

A decree may be executed in either by the Court which passed the

decree or the court to which the decree is sent for execution
(Sec.38).

3. By arrest and detention in prison

Arrest and detention of J.Dr (Judgment Debtors) in prison for a

duration not exceeding the period defined in Section 58, where
arrest and detention is permitted under the provision (Section 51 (c)
CPC) is one of the modes of execution of a decree or order. Detaining
a person in civil custody, notwithstanding the law’s permissiveness,
is a court order that violates the individual’s human rights. As a
result, the judge-made-law has imposed a number of restrictions on
the executing Courts’ powers when ordering arrest and detention in
this mode of execution. Before dealing with the intricate issues of
law and procedure in this regard, relevant provisions in the CPC can
be referred to once more.

4. By appointing a receiver

The power to appoint receivers in execution should be more freely

used for the purpose of realizing the money decreed where the
property is sufficiently large to bear the extra cost of appointment of
a receiver.

i. A Court, ordering attachment of land assessed to the

payment of revenue to the Government, should send two
copies of the order to the Collector with a request to have
one of them affixed to the notice board in his office. As
the other copy is required for the Record of Rights, one
copy only need be sent, if the land is in a village where
the Record of Rights has not been introduced. District
Judges should obtain lists of such villages for their Courts
and subordinate Courts, from the Collector.
ii. Similarly, a Court by whose order attachment is removed
or ceases should send intimation to the Collector in
standard Form No. Civ. A-234.
iii. The Collector should certify the affixing to or the removal
from, his notice-board of orders of attachment.
5. In such other manner as the nature of the relief granted may
require.
How to file an execution petition: -

 File the petition in the court that originally heard the case.
 The court may transfer the petition to another court for
execution.
 If the petition is filed within two years of the decree, the
court may order attachment of property or salary.
 If the petition is filed more than two years after the decree,
the court may issue a show cause notice.

Special cases:

 The limitation period for execution of a decree for

mandatory injunction is three years.
 There is no limitation for execution of a decree for
permanent injunction.

Transferring the petition : -

The court may transfer the petition for execution to another court,
even if it is outside the state. This may be done for various reasons,
such as if the property to be sold is in the other court's jurisdiction.

Case Laws: -

1. Venkatachalam Vs Ramaswami

“Rule 12 of Order 22 of CPC is envisaged to be of benefit to a decree

holder. When execution proceedings are pending, on account of
death of party to proceedings, it does not abate. The parties are
entitled to be impleaded when execution proceedings are pending.
There is also no bar to file fresh application for execution also.”

2. Uthirapathy vs Ashrab Ali & Others

Legal representatives are entitled to come on record in execution
petition at any time. However, when execution petition is pending
and, if the death of party is informed to Court, the Court may fix a
(date) time to implead the L R's. If petition is not filed, the Court can
dismiss the
petition for default. Fresh application of execution is a continuation
of execution petition.

3. Mahakal Automobiles, M/s. vs. Kishan Swaroop Sharma.

It is held that notice should be given to the Judgment debtor at every

stage of the execution petition.

Conclusion: -

Execution Petition on decree can be filed upon any cases filed within
the jurisdiction of the court related to civil matters. The maximum
period is 12 years. Matters related to properties, salary, etc. are
covered under the code of civil procedure and are also bounded by
limitation act.

Prescription

Introduction: -

Prescription refers to one type of naturalness the right to use the

property of another. For this, the use of land for an appropriate
statutory period has been open, continuous, exclusive and under a
claim of right. The word limitation only tells the meaning. Its literal
word limit means restrictions or rules or circumstances that are
limited. The statute of limitation has been set as the time limit that
is given to the aggrieved person for various suits through which the
parties can approach the court for the redressal of justice.

Doctrine of prescription: -
  What is an easement

A right is the right of an owner to own or occupy land which gives

him the right of beneficial enjoyment on the land of another person
which he does not have. Such a right is given to the owner of land so
that he can fully enjoy his rights in his property. Therefore a real
estate has certain rights which are associated with the enjoyment of
another real estate without which the property cannot be easily and
fully held and enjoyed. For example, in the right way, sunlight,
water, sewage etc.

Acquisition of easements by prescription: -

Prescription shows the effect of time constraints on creating some

new rights and then destroying the old rights. The term by
prescription means that the acquisition of a title or a right by the
owner of the property in the manner prescribed by law. A person can
acquire property or certain rights over a property to show that he is
in possession of the property or has been enjoying the rights for a
long time.

Therefore, if there is a need to prove its title after prolonged,

uninterrupted and continuous occupation or to exercise certain
rights over real estate it will cause hardship and will cause injustice.
The law, therefore, recognizes an easement by prescription.

Section 15 of the Indian Easement Act, 1882 talks about that in

order to obtain a prescribed right of accessibility in relation to the
use and use of light or air for a building or assistance from a
person’s land it is enjoyed peacefully without any ease should go.
Interruption for twenty years. No right of way or any other facility
would have been enjoyed as peacefully and openly as a right without
hindrance for twenty years.
Principle involved : -

The principle described in the prescription doctrine is that to give

legal recognition to rights and the titles that have been long
enjoyed. Even if the enjoyment of that such right or the title was
wrong at the time of its establishment, the law uses to consider it
expedient to not to disturb such kind of enjoyment. The law
recognizes this right to prove that the origin of the title will cause
unnecessary hardship to a person.

Illustration: -

The plaintiff demonstrates that he was enjoyed peacefully and

openly for twenty years on the right. B, the defendant proves that A
has admitted on one occasion during twenty years that the user was
not right and asked him to enjoy his leave right. This law suit would
be dismissed because the right did not enjoy the rights for such
twenty years.

The doctrine of Lost Grant: -

The presumption included under this theory is that in the past there
was a grant of authority but such a grant was lost. Thus, such right is
legally recognized and the Court has held that such acts were done
and the circumstances that existed were necessary to create a valid
title. The principle is used in cases where enjoyment cannot
otherwise be properly enjoyed.

Essentials of easement by prescription: -

1. Peaceably enjoyed

The Indulgence should be without any violence and that should not
be subjected to the frequent quarrels or physical or any legal
obstruction by the owner. No relaxation by the prescription can
accrue under a non-peaceful enjoyment.

2. Openly enjoyed

The need for open enjoyment means that the dominant owner must
either have actual knowledge of the practice of accessibility by the
dominant master or possess the means of knowledge for which
creative knowledge can be attributed to him.

3. As of Right

This expression means that the enjoyment of spontaneity should be

without violence, without theft, and also without permission. This
implies that rest should be enjoyed as aright.

4. Without interruption

Relaxation should be enjoyed without any hindrance which may

have been caused by some kind of hindrance due to the function of
the servant owner. As a result of such interruptions, the pleasure of
easement must be effective. The principal owner must have notice
of the obstruction and fact of that person in making or authorizing
such an obstruction. It is not necessary that some oral or any written
notice must be given by the servant owner to the principal owner.

5. For twenty years

An uninterrupted period of 20 years of only would establish an

easement by prescription. The period of 20 years is extended to
thirty years if the government gets the benefit of service.

6. Rights that cannot be acquired by prescription

The following four rights under Section 17 cannot be acquired by

prescription-
 o A right that leads to the total destruction of the subject
of right, or property on which it was acquired, liability
will be imposed.
o Right of free passage of light or air over open space on
the ground
o Surface water – no water that is flowing in a stream
and not permanently collected in a pool, tank, or
otherwise.
o The right of underground water is not passing in the
defined channel

Case Laws: -

1. Dalton V. Angus

The court observed that the doctrine of lost grants was invented as a
means to an end. It can only be displaced by the presumption that it
actually is and there was no such grant in the past. This principle
can be leveraged to obtain an easement as a separate mode
independently of the provisions of law.

2. Manikkan v. Kamala

The court held that if the branches of a tree dominate the

neighbouring land, then no right can occupy the land which they lay
hands on. The owner of such a tree does not acquire any rights over
the neighbour’s land, simply because the tree branches are
continuously spread over the neighbouring soil for a long period of
time. No right can arise by prescription to continue the nuisance.

Conclusion: -

The law of prescription aids the vigilant person in possession of the

property to claim ownership even if this doctrine seems harsh upon
 the dormant owner the law needs to be abided by till the legislation
is amended.

Difference between Limitation and Estoppel

What is estoppel: -

A rule of evidence that prevents a person from denying the truth of a

statement they previously made. Estoppel can apply to either party,
and can be used to prevent a defendant from raising a
defense. Estoppel is based on a principle of equity and justice, and is
often used to protect expectations created by misleading
conduct. For example, if a landlord tells a tenant that rent has been
reduced, and the tenant relies on that statement to stay, the
landlord may be estopped from collecting the full rent.

Types of Estoppel: -

 Estoppel by Record (or Res Judicata): Prevents re-litigation of

issues that have been conclusively decided by a competent court.
 Estoppel by Deed: Binds parties to the facts stated in a formal
document.
 Estoppel by Conduct (or Estoppel in Pais): Arises when a party’s
conduct, silence, or representation induces another to act to their
detriment.
 Promissory Estoppel: Prevents a party from going back on a
promise made to another who has relied on that promise to their
detriment.

Difference between: -

Aspects Limitation Estoppel

Objective Ensures timely resolution of Ensures fairness and

disputes and provides legal consistency by preventing
 certainty. contradictory statements or
behaviors.

Nature Procedural; bars the remedy Substantive; affects the

but not the right. rights and obligations of the
parties.

Scope Applies broadly to various civil Applies specifically to

claims with specific statutory situations where a party’s
periods. previous conduct or
representations are at issue.

Legal effect A claim filed beyond the Prevents a party from

limitation period is dismissed asserting claims or defenses
regardless of its merits. that contradict their
previous statements or
conduct.

Case Laws: -

1. Central London Property Trust Ltd. v. High Trees House Ltd.

Also known as the High Trees case, the principle of promissory

estoppel was established, wherein the court held that a promise
intended to be binding, intended to be acted on, and in fact acted
on, is binding so far as its terms properly apply.

Conclusion: -

Both limitation and estoppel are integral to the administration of

justice, yet they serve different purposes. Limitation focuses on the
timeliness of claims, ensuring legal proceedings are initiated within a
reasonable period. Estoppel, on the other hand, emphasizes fairness
and consistency, preventing parties from acting dishonestly or
contradictorily.
 Problem based questions

The court is closed on the last date of limitation period. ‘A’

seeks extension of limitation period on that grounds. Will he
exceed?

Section 4 of Limitation Act

A’s wife refused to return to her ex-husband and allow him

the exercise of conjugal rights. What is the period of
limitation for ‘A’? Decide.

Restitution of conjugal rights is a legal remedy available to spouses

in case of a breakdown in their marital relationship. It is a civil
remedy provided under the Hindu Marriage Act, 1955, which allows a
spouse to file a petition seeking the restitution of conjugal rights
with the court.

This remedy aims to ensure that the parties continue living together
and fulfilling their marital obligations. However, there are certain
limitations to filing restitution of conjugal rights cases.

Limitation for Filing Restitution of Conjugal Rights: -

1. No Grounds for Filing Restitution of Conjugal Rights

Under Section 9 of the Hindu Marriage Act, a petition for the

restitution of conjugal rights can be filed by either spouse if the
other spouse has withdrawn from the society of the petitioner
without any reasonable cause. However, the Act does not provide
grounds for filing such a petition. In other words, if the withdrawing
spouse has a valid reason for doing so, the other spouse cannot seek
the restitution of conjugal rights.

Example: - Suppose the withdrawing spouse has been subjected to

domestic violence or forced to live in an abusive environment. In
that case, he/she can seek a divorce instead of continuing to live
with the other spouse. Therefore, it is essential to evaluate the
circumstances leading to the withdrawal of the spouse before filing a
petition for the restitution of conjugal rights.

2. The Jurisdiction of the Court

Another limitation for filing restitution of the conjugal rights cases is

the court’s jurisdiction. Under Section 19 of the Hindu Marriage Act,
a petition for the restitution of conjugal rights can be filed in the
district court where the petitioner resides or where the parties last
resided together. Therefore, if the petitioner has moved to a different
district or state, he/she cannot file a petition in the court of that
district.

It is essential to consult a lawyer before filing a petition to ensure

that the court has jurisdiction to entertain the same. Otherwise, the
petition may be dismissed, and the petitioner must file a fresh
petition in the correct court.

3. Time Limit for Filing the Petition

A petition for the restitution of conjugal rights must be filed within

one year from the date of the withdrawal of the spouse. If the
petition is filed after the expiry of one year, the court may dismiss it.
Therefore, filing the petition within the prescribed time limit is
essential.

However, the court may condone the delay in filing the petition if the
petitioner can provide sufficient reasons for the delay. Therefore, it is
essential to consult a lawyer before filing a petition to ensure that
the same is filed within the prescribed time limit.

4. The Burden of Proof

In a petition for the restitution of conjugal rights, the burden of proof
lies on the petitioner to establish that the other spouse has
withdrawn from society without any reasonable cause. The petitioner
must prove that he/she has made efforts to bring the other spouse
back and that the other spouse has refused to comply with the
same.

Therefore, it is essential to gather evidence to support the petition,

such as text messages, emails, or witness statements, before filing
the same. In the absence of such evidence, the court may dismiss
the petition.

5. Inability to Enforce the Decree

Even if the court grants a decree for the restitution of conjugal

rights, it may not be possible to enforce the same. For example, if
the other spouse refuses to comply with the decree, the petitioner
may have to file a contempt petition, which can be time-consuming
and expensive.

Moreover, if the other spouse continues to live with the petitioner

without complying with the decree, it may not restore the marital
relationship. Therefore, evaluating the remedy’s effectiveness is
essential before filing a petition for the restitution of conjugal rights.

6. Alternative Remedies

In certain circumstances, it may be more appropriate to seek

alternative remedies instead of filing a petition for the restitution of
conjugal rights.

Example: Suppose the marital relationship has irretrievably broken

down, and there is no possibility of reconciliation. In that case, it
may be more appropriate to seek a divorce instead of continuing to
live together. Similarly, if there are issues relating to the custody of
children, maintenance, or property, then it may be more appropriate
to file separate petitions for the same.

Therefore, it is essential to evaluate the circumstances of the case

before deciding on the appropriate remedy. It is also essential to
consult a lawyer before filing a petition to ensure that the correct
remedy is sought.

Conclusion: -

In conclusion, the restitution of conjugal rights is a legal remedy

available to spouses in case of a breakdown in their marital
relationship. However, there are certain limitations for filing
restitution of the conjugal rights cases, such as the absence of
grounds for filing the petition, the jurisdiction of the court, the time
limit for filing the petition, the burden of proof, and the inability to
enforce the decree.

Therefore, it is essential to evaluate the circumstances of the case

and consult a lawyer before filing a petition for the restitution of
conjugal rights. Moreover, seeking alternative remedies in certain
circumstances may be more appropriate.

Vakilsearch can assist individuals in understanding the limitations of

filing restitution of the conjugal rights cases and provide legal
guidance and support throughout the process. Their team of
experienced lawyers can evaluate the circumstances of the case and
provide advice on the appropriate remedy, including alternative
remedies to consider.

Kiran seeks condonation of delay for not preferring an

appeal within the period of limitation because of engrossing
in his marriage. Is it condonable?

Section 5 (Condonation of delay)

Rakesh taken debt from Santosh under oral terms. Rakesh
gives a written acknowledgment, after the expiry of two
years. Then he pleads sorry for not paying the debt yet.
Determine the validity of acknowledgment?

Refer Acknowledgment

Right to sue arises to ‘X’ during his minority. ‘X’ dies one day
after attaining majority. He is succeeded by his son ‘Y’ who
is minor. Determine the effect on the period of limitation?

Refer Legal Disability

Section 6 – Illustration: -

A right to sue accrues to X during his minority. X dies before

attaining majority, and is succeeded by Y, his minor son, Time runs
against Y from the date of his attaining majority.