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CS Executive · Jurisprudence, Interpretation and General Laws · Law relating to Limitation

Ravi filed a money suit after the prescribed period had expired. The defendant, Meena, did not raise limitation in her written statement. What must the court do under the Limitation Act, 1963?

The court must dismiss the suit. Under Section 3(1), a suit filed after the prescribed period is dismissed even if the defendant never pleaded limitation, subject to the exceptions in sections 4 to 24. Limitation is applied by the court itself and is not a waivable defence.

  1. ADecree the suit, because limitation was not set up as a defence
  2. BDismiss the suit, although limitation has not been set up as a defenceCorrect
  3. CAdjourn the suit until the defendant raises limitation
  4. DConvert the suit into an application and hear it

Explanation

Section 3(1) says every suit instituted after the prescribed period shall be dismissed, although limitation has not been set up as a defence, subject to sections 4 to 24. The court therefore acts on its own. The option decreeing the suit wrongly treats limitation as a waivable defence.

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