Limitation Act, 1963 - Bar of Limitation (Section 3, 4 and 10)

Bar of Limitation

Section 3 provides that suits, appeal, applications  shall be dismissed by court. Even though the defense have not taken the issue about it, Courts are duty bound to dismiss the petition. The word "Shall" makes this clear.

Summary of Section 3 of Limitation Act

Section also provides a bit about how dates are calculated or from when the period of limitation starts.

But as always, in Law there are exceptions. If section 3 sets the limitation, then Section 10 list out the exception to this limitation. Section 10 provides that for certain suit there is no limitation and no bar. You can file a suit even after 100 years..!!

Below are some exception

One question, what the limitation date ends on Sunday or Holiday or when Court is closed ? Section 4 of Limitation Act provides an answer to this question

 

 In next article, we will see that in certain cases, even though limitation period is over, the suits are not dismissed.

 

Legalfundaa

 

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