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Can a suit filed beyond the period of limitation pre­scribed for it? (The Limitation Act, 1963)

January 12, 2019 0 Comment

Where the plea of limitation has not been taken and the case has passed out of the court of first instance and is before a court of appeal, then the first appellate court or the second appellate court is generally bound to listen to a plea of limita­tion if it can be decided without further inquiry ; but the Appellate or Second Appellate Court is justified in refusing to entertain a plea of Limitation which was not taken in the first court not in the grounds of appeal in the Appellate Court but is urged for the first time in argument in the latter Court, where the plea for its proper decision involves further inquiry into facts.

But if the point of limitation arises upon the facts of the case, or is obvious on the record, and does not stand in need of being developed by fresh evidence, it must be heard and determined by the Appellate Court, though it does not appear on the pleadings, or in the grounds of appeal or appeal for the first time in the memorandum of appeal.

Objection as to limitation can be taken at any stage of a suit a or proceeding including the appellate state. But it should be noted that if the plea of limitation is not taken in the ground of appeal, the party urging it cannot argue it except on obtaining the permission of the Court and the Appellate Court should not refuse to grant the permission whether the point arises on the face of the plaint and no question of fact has to be enquired into to enable the Court to dispose it of.

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