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The Limitation Act 1963: Purpose and Features

Before 1859, there was no law of limitation in India, but later, the Government of India introduced the Limitation Act, 1963 to protect its state's interests. It came into force to prevent people from delaying their period of legal action.

To know more about this Act, its purpose, salient features, and other related information, read this article till the end!

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What Is Limitation Act, 1963 in India?

The law of limitation came into force in 1963. This concept is based on two maxims' Interest Reipublicae Ut Sit Finis Litium' and 'Vigilantibus non-dormientibus Jura subveniunt.' The meaning of its former phrase is that it is in the interest of the whole state that there should be a limit to litigation. In contrast, the latter phrase means the law only helps those who are vigilant and awaken of their rights, not those who sleep upon it.

What Is the History of Limitation Act, 1963?

The Limitation Act, 1963 was developed in stages. It was first in 1859 that a law stating limitation (Act XIV of 1859) was introduced to the court. However, it was subsequently repealed in 1871, 1877, and 1908.

Later, the Third Law Commission repealed the Limitation Act of 1908. Then again, the Limitation Act 1963 came into force. The prior Act only covered foreign contracts, whereas this 1963 act referred to contracts entering the territory of Jammu and Kashmir or a foreign country.

How Many Sections Are There in the Limitation Act, 1963?

Limitation Act 1963 contains 32 sections and 137 articles. Also, these articles contain ten divisions. Moreover, after the application of the Jammu and Kashmir Reorganisation Act 2019, this Limitation Act now applies to the whole of India, including Jammu and Kashmir.

What Is the Purpose of Limitation Act?

The purpose of Limitation Act, 1963 is to provide a period within which people can enforce their rights to file suits, applications, and appeals in a Court of Law. Therefore, you will find different periods to file lawsuits in the schedule of this Act. As a result, a country can avoid litigation from being dragged unnecessarily for a long time. Also, it will ensure quick disposal of cases.

What Are the Salient Features of Limitation Act, 1963?

This law states that an aggrieved person is not allowed to pursue their claim or seek justice in a court of law after the expiry of a specific period. The detailed salient features of Limitation Act 1963 are as follows:

It is a procedural law unless someone manifests a contrary intention by expression or necessary implication of the legislation itself. Not to mention procedural laws are retrospective in nature. However, the operation of Limitation law is both retrospective and prospective.
This Act does not extinguish a citizen's right but only bars their remedy. In other words, it only bars judicial remedy but does not take away your right.
It falls under the subject matter of the concurrent list mentioned in entry 13, list III of the Indian Constitution.
The maximum period of limitation mentioned in this Act extends up to 30 years, while the minimum ranges to only 10 days.
A term mentioned in this Act says about case dismissal. If you submit applications, appeals, and suits after its allotted time, a court can dismiss it even before someone invokes it as a defence.
A plaintiff must submit a reason for their inability to file an appeal, suit, or application within a timeframe. If the court finds this reason satisfying, it may accept a lawsuit or appeal after its deadline.
A court treats a counterclaim as a separate suit. So, you must launch a suit as a counterclaim within the same period.
Suits concerning trusts, immovable property, and endowments have a limitation period of only 12 years.
Suits relating to declarations, contracts, claims of decrees or instruments, accounts, and lawsuits of a moveable property have a limitation of 3 years.
For cases concerning miscellaneous matters, torts and suits whose limitation period is not present anywhere in this Act's schedule, a person should deal with it within 1 to 3 years.
This act excludes the time required to revise, review, and file or obtain a copy of the decree, order, or appeal.
Under this Act, landowners can enjoy uninterrupted usage of land for 20 years through an easement.
This Act will not apply to any applications filed after its specified time frame. Also, the date from which the limitation period of an appeal, suit, or application will count is deemed exempt.
The Limitation Act says a person with authority who seeks a defendant's execution or who submits a complaint but is not in the right mind or is a minor will be considered once both disabilities cease.

To sum up, the Limitation Act, 1963 states a period within which citizens of India can file a suit, appeal, petition, or application for the court to redress. As a result, a country can maintain fast disposal of the case and quick action. To know about this Act, you can check these pointers mentioned above.

Frequently Asked Questions

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What happens when a court is closed on the expiry date of limitation?

In case a court is closed on the day the limitation period expires, then a suit, application, and appeal filed on the day of its reopening shall be taken up by the court. It is because it has prevented parties from filing a case on the last day. Also, it is not the parties’ fault.

What is the starting point of limitation?

It depends on the subject matter of the petition that what will be the starting point of limitation. It is provided in detail in the schedule of the Limitation Act. However, it generally starts from the day of summoning or when you serve a notice.