Limitation Act, 1908

Qu: What is the general rules of computation of limitation period ? State the procedure of extension of limitation period .

Answer:  The general rule regarding the limitation period have been discussed in section 3 of The Limitation Act,1908 . According to section 3 “if any appeal or application have been filed after the time prescribed in the schedule 1 of this Act , Then appeal or application will be barred by limitation and that case will be dismissed because of the expiration of the limitation of period” .

Time extension procedure : The time extension procedure in case of computation of limitation period have been discussed in section 4-7 of The Limitation Act. They are as follows:-

1.      Suspension of court :- If in the last date for filing a case , appeal or application the court is suspended, then the limitation period will extend up to the date of opening . (Section 4 )

2.      Condonation of delay :- Any appeal or application for a revision , a review of judgment or for leave to appeal or any other application, to which this Section may be made applicable by or under any enactment for the time being in force may be admitted after the period of limitation prescribed therefore, when the appellant or applicant satisfies the court, that he had sufficient cause for not preferring the appeal, or making the application within such period . ( Section 5 )

3.      Legal disability (Section 6 )

Disability of alone of several plaintiffs or applicant (Section 7) 

Qu:-  Which type of incident may be excluded from computation of Limitation period ?

Answer:-

               According to section 12 of The Limitation Act:

1.     In computing the period of limitation prescribed for any suit , appeal or application , the day from which such period is to be reckoned  shall be excluded .

2.     In computing the period of limitation prescribed for an appeal an application for leave to appeal and an application for a review of judgment complained of was pronounced , and the time requisite for obtaining a copy of the decree, Sentence or order appealed from or sought to reviewed, shall be excluded .

3.     Where a decree is appealed from or sought to reviewed , the time requisite for obtaining a copy of the judgment on which it is founded shall also be excluded .

4.     In computing the period of limitation prescribed for an application to set aside an award , the time requisite for obtaining a copy of the award shall be excluded .

Qu:- In what type of proceedings section 5 of the Limitation Act will be    applicable?

Answer : 

                Any appeal or application for a revision , a review of judgment or for leave to appeal or any other application, to which this Section may be made applicable by or under any enactment for the time being in force may be admitted after the period of limitation prescribed therefore, when the appellant or applicant satisfies the court, that he had sufficient cause for not preferring the appeal, or making the application within such period .

Explanation :- The fact that appellant or applicant was misled by any order , practice or judgment of the High Court Division , in ascertaining or computing the prescribed period of limitation may be : Sufficient cause , within the meaning of this section .

       Therefore in the above kinds of legal proceedings section 5 of The Limitation Act can be applied for extension of the period of limitation . 

Qu:- Application of special laws in case of computation of Limitation period ?

Answer : - This matter is discussed in section 29 of the limitation Act . It is stated that ,

1.     Nothing in this Act shall affect section 25 of the contract  Act  1872 .

2.     Where any special law prescribes for any suit , appeal or application a period of limitation different from the period prescribed therefore by the first schedule the provision of section 3  apply , as if such period therefore in that schedule and for the purpose of determining any period of limitation prescribed for any suit , appeal or application by any special law .

3.     Nothing in this Act shall apply to suits under the divorce Act .

Section 26 and 27 and the definition of “easement” in section 2 shall not apply to cases arising in territories to which the easement Act, 1882 may for the time being extend .  

Qu:- Condonation of delay and adverse possession.

Answer :-  According to section 28 of the limitation Act , extinguishment of right to property :   At the determination of the period hereby limited to any person for instituting a suit for possession of any property , his right to such property shall be extinguished .

Article 142 , “For possession of immovable property when the plaintiff, while in possession of the property , has been disposed or has discontinued the possession” .

Qu:- Easement Rights and it’s elements .

Answer :- According to section 26 of the Limitation Act 1908 :

1.     Where the access and use of light, access and use of Air , Right to way , Right  to water course , Right to use water .

2.     Each of the said period of twenty years shall be taken to be a period ending within two year next before the institute of the suit wherein the claim to which such period relates is contested .

3.     Where the property over which a right is claimed under section 1 belongs to the sub section shall be read as if for the words “twenty years” the words “sixty years” were substituted .