Menu

From what point of time will you count the period of limitation in the following cases (The Limitation Act, 1963)

January 11, 2019 0 Comment

(d) Where a person has been, by fraud, kept from the know­ledge of his right.

(a) In computing the period of limitation for any suit, the institution of which has been stayed by injunction, the time of the continuance of the injunction the day on which it was issued, and the day on which it was withdrawn, shall be exclud­ed. (Sec. 13).

(b) In computing the period of limitation for any suit, the time during which the plaintiff has been prosecuting with due diligence another civil proceeding against the defendant shall be excluded where the previous proceeding relates to the same matter in issue and is prosecuted in good faith in a court which from defect of jurisdiction, is unable to entertain it. (Sec. 14).

(c) Where a person who would, if he were living, have a right to institute a suit dies before the fight accrues, or where the right to institute a suit accrues only on death of a person, the period of limitation shall be computed from the time when there is a legal representative of the deceased capable of institut­ing such a suit. [Sec. 16 (1)].

It should, however, be noted that this provision does not apply to suits (1) to enforce rights of Pre-emption (ii) for posses­sion of immovable property, or (iii) for the possession of a hereditary office.

The principle underlying this provision is that there can be no cause of action until there is a party capable of suing and until there is a cause of action there can be no question of the law of Limitation coming into operation.

(d) When in the cause of any suit or application for which a period of limitation is prescribed by the Limitation Act the knowledge of the right or title on which a suit or application is founded is concealed by the fraud of the defendant or respon­dent or his agent or where any document necessary to establish the right of the plaintiff or applicant has fraudulently concealed from him, the period of limitation shall not begin to run until the plaintiff or applicant has discovered the fraud or could with reasonable diligence have discovered it ; or in case of concealed document until the plaintiff or the applicant first had the means of producing the concealed document or compelling its production. [Sec. 17 (1)].

The provision contained in section 17 (1) does not enable any suit to be instituted or application to be made to recover or enforce and charge against or, set aside any transaction affect­ing any property.

(i) in the case of fraud, has been purchased for valuable consideration by a person who was not a party to a fraud and did not at the time of purchase know, or have reason to believe that any fraud had been committed, or

(ii) in the case of a concealed document, has been pur­chased for valuable consideration by a person who was not a party to the concealment and, did not, at the time of purchase know, or have reason to believe, that the document had been concealed.

Where the execution of a decree or order within the period of limitation has been prevented by fraud or force of the judgment debtor the court may, on the application of the judgment debtor made after the expiry of the period of limitation extend the period for the execution of the decree or order. For such an application must be made by the judgment-creditor within one year from the date of the recovery of the fraud or the ces­sation or force as the case may be.