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IS THERE ANY LIMITATION FOR FILING CIVIL SUITS?

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IS THERE ANY LIMITATION FOR FILING CIVIL SUITS?
Is There Any Limitation For Filing Civil Suits?

The Limitation Act, 1963 provides the period for filing Civil Suits. The Civil Suits are required to be filed within the time period (Limitation) as provided in the schedule of The Limitation Act, 1963.

The purpose and object of the Limitation Act is to limit a period within which certain litigations/suits are to be filed, as law protects diligent and vigilant persons. Law does not protect people who are careless and not vigilant about their rights (equity aids the vigilant and not the indolent). The purpose of The Limitation Act is that the disputes/grievances cannot be kept in suspense for indefinite period and therefore, it is scheduled in the act, the period within which the people have to approach the Courts of law. The Suits cannot be filed beyond the limitation period as stated in The Limitation Act, 1963. The Limitation period provided for filing suits as stated in the Act cannot be extended nor the delay in filing the suits beyond the Limitation period can be condoned by the courts. (Note that a suit is different from an appeal and there is a different limitation for filing an appeal against an order/judgment and appeal can be filed beyond the limitation period provided under the act by filing an application seeking condonation of delay stating reasonable grounds for such delay beyond the limitation period).

The question often comes to the mind of general public as to when the limitation period starts running for filing a Civil Suit. The limitation period starts as and when the cause of action lastly arose for example, in case of a money recovery suit, the date on which the money was to be returned as stated in the Contract/Agreement/Cheque, is the date from which the limitation period starts.

As per the schedule prescribing limitation, there is a limitation of 3 years for filing Suits relating to recovery of money and suits under a contract. There is a limitation period of 12 years for suit relating to possession of immovable property and 1 year for suits arising out of torts. In case of appeals and applications, there is a period of 30 to 90 days from the date of order/judgment.

During the outrage of Covid-19, the Supreme Court in exercise of its power under Article 142 r/w Article 141 of The Constitution of India, took Suo Motu cognizance of the difficulties that were faced by the litigants in filing petitions/applications/suits/appeals/ all other proceedings within the period of limitation prescribed under the general law of limitation or under any special laws (both Central and/or State). The Apex Court extended the limitation period since 15.03.2020 till 28.02.2022 and ordered that the period between the same shall not be counted towards the limitation period for filing Suits/Applications/Appeals. The court has also held that in case the limitation period for filing a case expired between this period of 15.03.2020 to 28.02.2022, then litigants will be given at least 90 days starting from 01.03.2022, to file their case. If the limitation period ended more than 90 days after 15.03.2020, then the litigants would be given the same period starting 01.03.2022 for filing their cases.

The above information is based on personal experience and no part of this should be construed as providing legal advice for any purpose.

Vikram Kumar

Advocate


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