Tuesday, July 16, 2024

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๐™ฐ๐™ต๐™ต๐™พ๐š๐™ณ๐™ฐ๐™ฑ๐™ป๐™ด & ๐™ฐ๐™ฒ๐™ฒ๐™ด๐š‚๐š‚๐™ธ๐™ฑ๐™ป๐™ด

LIMITATIONMODEL ANSWER

DEFENCE OF LIMITATION

Explain the phrase, “even though limitation is not set up as defence, a time barred suit shall be dismissed”.

Section 3 of Limitation Act, 1963, says that even though limitation is not set up as defence, a time barred suit shall be dismissed. According to section 3 of the Limitation Act, 1963, a particular time has been prescribed for filling a particular suit etc. and it is responsibility of every person i.e., aggrieved person to file a suit etc. within that prescribed period. If an aggrieved person does not initiate the proceedings within that time, then in such a case, the court has duty to dismiss that suit etc.

Generally, it is responsibility of an opposite party to raise a plea of limitation and it is upon that party to prove that the suit has been filed after the expiry of the period of limitation. But according to section 3 of the Limitation Act, 1963, even if opposite party fails to raise the plea of limitation, then also, it is mandatory for the court to dismiss the suit.

In the leading case of Shankar Das Narayan Das vs Sita Ram Jawala, the Honโ€™ble court held that section 3 of the Limitation Act, 1963, lays down that a suit or appeal or application filed beyond the time prescribed therefore shall be dismissed although limitation is not set up as a defence by the opposite party.

Moreover, in the leading case of Maharashtra State Road Transport Corporation vs. Raoji Harilal, the Honโ€™ble court held that courts have no inherent power to protect the litigant from the rigours of section 3 of the Limitation Act, 1963, and if suit has been filed after the expiry of period of limitation, then in such a case, it is mandatory for court to dismiss the suit even if no plea of limitation has been raised by the opposite party.

At the culmination, it can be said that section 3 of the Limitation Act, 1963, is based upon the principles of equity, justice and good conscience and it is founded upon public policy. The main objective of section 3 of the Limitation Act, 1963, is to protect both the parties from unnecessary harassment, hardship and fear.

This section says that suit must be filed within prescribed period and if an aggrieved person files a suit after a long period from the date of arising of cause of action, then in such a case, an opposite party has no need to defend. This is only because, after the span of long period, the evidences get started vanishing and the memory of witnesses get started fading.

So, to protect the opposite party from this unusual situation, it is mandatory for the court to dismiss the suit if it has been filed after the expiry of period of limitation.

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