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7 views

Paper Code 502

Uploaded by

niosadmhelp75
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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 The basic concept of limitation is relating to fixing or prescribing of the

time period for barring legal actions. 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.

 The Law of Limitation signifies to prevent from the last date for different
legal actions which can take place against an aggrieved person and to
advance the suit and seek remedy or righteous before the court.

 The law relating to Law of Limitation to India is the Limitation Act, 1859
and subsequently Limitation Act, 1963 which was enacted on 5th of
October, 1963 and which came into force from 1st of January, 1964 for
the purpose of consolidating and amending the legal principles relating to
limitation of suits and other legal proceedings.

 According to the provisions provided under the act, it is the litigation


which is initiated, the Appeal which is entertained and the request which
are made after the specified term which shall be dismissed even though
the limitation is not raised as a defence.

 When a court is closed on the expiry date for filing any shoot to kill or
application search suits API law application may be initiated on the
reopening day of the court. An appeal or application shall be admitted by
the court after the specified period if the litigant convinces to the court
why showing inadequate cause for the failure to prepare a pill application
within the specified period then the court can admit his appeal or
application.

 As provided under the Act, the legal disability shall not apply to any suits
which are filed for the right of pre-emption or the limitation period and
which are to be extended for a period and upon such conditions.
 The Limitation Act, 1963 does not affect the provisions provided
under The Indian Contract Act, 1872. The Act is made effective for the
reason that it bars the jurisdiction of the court to entertain the actions
that are frivolous and to avoid the long proceeding of the pending actions
by the complainants.

The Salient Features are


 The Limitation Act contains 32 Sections and 137 Articles. The articles
have been divided into 10 parts. The first part is relating to accounts,
the second part is relating to contracts, the third part is relating to
declaration, the fourth part is relating to decrees and instrument, the
fifth part is relating to immovable property, the sixth part is relating to
movable property, the seventh part is relating to torts, the eighth part
is relating to trusts and trust property, the ninth part is relating to
miscellaneous matters and the last part is relating to suits for which
there is no prescribed period.
 There is no uniform of limitation for the suits under which the
classifications has been attempted.
 The limitation period is reduced from a period of 60 years to 30 years in
the case of suit by the mortgagor for the redemption or recovery of
possession of the immovable property mortgaged, or in case of a
mortgages for the foreclosure or suits by or on the behalf of Central
Government or any State Government including the State of Jammu and
Kashmir.
 Whereas a longer period of 12 years has been prescribed for different
kinds of suits relating to immovable property, trusts and endowments, a
period of 3 years has been prescribed for the suits relating to accounts,
contracts and declarations, suits relating to decrees and instruments and
as well as suits relating to movable property.
 A period varying from 1 to 3 years has been prescribed for suits relating
to torts and miscellaneous matters and for suits for which no period of
limitation has been provided elsewhere in the Schedule to the Act.
 It is to be taken as the minimum period of seven days of the Act for the
appeal against the death sentence passed by the High Court or the Court
of Session in the exercise of the original jurisdiction which has been
raised to 30 days from the date of sentence given.
 One of the main salient feature of the Limitation Act, 1963 is that it has to
avoid the illustration on the suggestion given by the Third Report of the
Law Commission on the Limitation Act of 1908 as the illustration which
are given are most of the time unnecessary and are often misleading.
 The Limitation Act, 1963 has a very wide range considerably to include
almost all the Court proceedings. The definition of ‘application’ has been
extended to include any petition, original or otherwise. The change in the
language of Section 2 and Section 5 of the Limitation act, 1963 includes
all the petition and also application under special laws.
 The new Act has been enlarged with the definition of ‘application’,
‘plaintiff’ and ‘defendant’ as to not only include a person from whom the
application. Plaintiff or defendant as the case may be derives his title but
also a person whose estate is represented by an executor, administrator
or other representatives.
 According to Sections 86 and Section 89 of the Civil Procedure Code, it
requires the consent of the Central Government before suing foreign
rulers, ambassadors and envoys. The Limitation Act, 1963 provides that
when the time obtained for obtaining such consent shall be excluded for
computing the period of limitation for filing such suits.
 The Limitation Act, 1963 with its new law signifies that it does not make
any racial or class distinction since both Hindu and Muslim Law are now
available under the law of limitation as per the existing statute book. In
the matter of Syndicate Bank v. Prabha D. Naik, (AIR 2001 SC 1968) the
Supreme Court has observed that the law of limitation under the
Limitation Act, 1963 does make any racial or class distinction while
making or indulging any law to any particular person.

 The Code of Civil Procedure, 1908 is a procedural law related to the administration of civil
proceedings in India.
 The Code is divided into two parts: the first part contains 158 sections and the second part
contains the First Schedule, which has 51 Orders and Rules. The sections provide provisions
related to general principles of jurisdiction whereas the Orders and Rules prescribe
procedures and method that govern civil proceedings in India.
 To give uniformity to Civil Procedure, Legislative Council of India, enacted Code of Civil
Procedure, 1858, which received the assent of Governor-General on 23 March 1859. The
Code however, was not applicable to the Supreme Court in the Presidency Towns and to the
Presidency Small Cause Courts. It did not meet the challenges and was replaced by Code of
Civil Procedure Code, 1877. But still it did not fulfill the requirements of time and large
amendments were introduced. In 1882, the Code of Civil Procedure, 1882 was introduced.
With passing of time it is felt that it needed flexibility for timeliness and effectiveness. To
meet these problems Code of Civil Procedure, 1908 was enacted. Though it has been
amended number of times it has withstood the test of time.
 Keeping in view the establishment of Commercial Court and the provisions thereof, Civil
Procedure Code (Amendment) Act, 2016 was enacted. These provisions are applicable to
commercial disputes of specified value. The act clarified that the provisions of the Civil
Procedure Code as amended by the Act would have an overriding effect over any rules of
the High Court or of the amendments made by the state government concerned.
 The Code of Civil Procedure, 1908 was further amended in the year 2018

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