.jpg)
Srijan Sachan,
Babu Banarasi Das University
Introduction
The Limitation Act, of 1963 is one of the significant Indian enactments. The Limitation Act, of 1963 provides for the time with which the parties can present a suit before the courts, to vindicate their legal rights. The Limitation Act, of 1963 has enabled the courts also to dismiss the suits if they are not presented within the prescribed time. The Limitation Act, of 1963 was adopted by the United Kingdom to understand The Limitation Act, 1963 first and foremost we have to understand its historical perspective.
Formation of The Limitation Act, 1963 in India
Development in the Pre-British Period: Before the colonial, there was no uniform system that could provide a limitation period to the suits. At that time, courts have the power to reject the suits that they think are overtired because of the rule of Muslims. The Muslim period introduced the Sharia Law in India, which gives the power to the courts to reject the suits. The Sharia Law is only applicable in India until colonization arrives.
British Period: The very first legislation, that provides the time of limitation under which the suits must be brought into the court was The Indian Limitation Act, of 1859. Indian Limitation Act was enacted by the British Parliament in the year 1858 and enforced throughout India during the year 1859.
Further, The Indian Limitation Act, of 1859 was amended by The Limitation Act, of 1871 which refined the laws, but still, it contains ambiguities in it, which caused injustice in the suits.
The Limitation Act, of 1871 was further replaced by The Limitation Act, of 1908 which organized the laws and extended the limitation periods for bringing up the suits. In the colonial period, many changes were made in The Limitation Act, of 1908.
Post-Independence Development: After the Independence i.e. in 1947, the need for modern and updated law for the limitation of suits required, to regulate the modern society.
On the 5th of October, 1963 Independent government of India, enforced an Act titled "The Limitation Act, 1963" in India. The Limitation Act, of 1963 amended The Limitation Act, of 1908 which was formed by the British Parliament. The Limitation Act, of 1963 came into force in the United Kingdom Parliament in March and the bill was further introduced in the Indian Parliament.
The Indian Parliament, on 31st July 1963 granted its Royal Assent to the bill, and The Limitation Act, 1963 came into force in India on the first day of the year 1964.
To ensure the timely disposal of disputes, Parliament enacted The Limitation Act, of 1963. However, different enactments of The Limitation Act, of 1963 even have made different kinds of impacts on Indian Laws up to date.
The Limitation Act, of 1963 has barred the revival of old and stale claims which would lead to the loss of evidence, fading memories of witnesses, and difficulty in ascertainment of the facts after the lapse of sometime has been passed.
The Limitation Act, of 1963 promotes the parties to be vigilant towards their legal rights. The Limitation Act, of 1963 enforces time, which incites individuals to seek their rights in any suit predominantly. The Limitation Act, of 1963 further lightens burdens upon the judiciary by disregarding old claims.
The Limitation Act, of 1963 is the one that tries to balance the right of a person seeking judicial redress with the obligation of doing so within a reasonable timeframe. It limits beyond the legal system that can no longer entertain claims, which recognizes that individuals have a right to legal remedies.
The Limitation Act, 1963 further has also provided a uniform framework of limitation period for various types of civil claims and suits. However, although strict limitation periods were implemented by The Limitation Act, of 1963, it also recognizes the disabled parties, suffering from such illness, fraud, any disability, etc, and consists of provisions for such exceptions.
Role of Limitation Act in civil suits
The Limitation Act, 1963 is an essential and important legislation concerning the time limit within which civil suits and other legal proceedings can be initiated in India. The Act has been framed primarily to discourage the delaying and scraping of decisions over the possibilities of some legal actions that are filed after an unreasonable time elapses. This could be a problem, particularly concerning evidence and the reliability of witnesses. In this regard, let us discuss the implications of the Limitation Act towards civil suits in detail:
Time-Keeping and Affairs Suppression Theories:
The Limitation Act prescribes different time frames within which civil actions may be brought. In the case where a certain claim is lodged after the allowed period before the expiration of which the claim should have been brought has elapsed, the claim is described as time-barred' and the courts are generally inclined to dismiss the suit. This mechanism serves to:
Prevent the Flooding of Courts with Old Claims
Facilitate the Conclusion of Legal Cases
To illustrate, where a party that has sustained loss by the other party breaching a contract and wants to sue for the damages caused, however, the party files the suit after five years of the breach (the breach's limitation period being three years), the suit would be time-barred and this will result in the dismissal of the suit unless the parties can show good cause for the delay.
Limitation of Actions in Civil Suits Based on the Context of Each Suit:
The Act specifies the limitation periods differently depending on the context of each civil suit. Some of the commonly known examples that can be stated are the following –
Breach of contract or recovery of debts: 3 years from the date of the accrual of cause of action, which is to say the breach occurred or the debt became due.
Recovery of Immovable Property: 12 years (e.g., Property disputes, adverse possession).
For Mortgaged Property Recovery: 12 years.
Torts (for instance, libel, a person’s being affected by invasion of privacy): In most cases; 1-3 years depending on the type of tort.
Seventy years old and above (person’s age) Suits: 3 years.
Every civil claim is subject to acceptance to and limitation period, and such period is counted from the time any right of action accrues.
Limitation period Computation:
The period of limitation is taken from the point where the cause of action arises.
This is the time of breach or in other words, it is the time when the plaintiff either has suffered legal injury or right.
Take, for example, the case of a breach of contract. The breach of contract limitation period would start on the date when the breach occurs.
Continuing torts: Where there is a civil tort, such as ongoing and persistent trespass, the limitation length in the jurisdictions reset and recommences every time the tort continues.
Fact of debt: In situations where the offender admits the debt or liability in written form, the statutory period is rested and a fresh period starts counting after such acknowledgment.
Illustration: If the debtor recites a debt after 2.5 years from the breach (after the 3 years), the limitation will recalculate from that date and the creditor will be able to file a suit within 3 years from the date of acknowledgment.
Expiry of the Limits of Any Action (Time Bar):
A claim is said to be barred by a time limit after the time within which an action may be brought has elapsed in general; once the time limit expires, the plaintiff stands to lose the right to institute any legal action. But the defendant is the one who should plead the defense of limitation and the courts have been known to throw out such suits in the absence of exceptions. This aspect is important in as much as it helps to protect the defendant from cases that would otherwise be open-ended as the defendant cannot be called upon to answer to a claim of which its evidence has long been lost.
Illustration: For example, if a plaintiff wants to claim some sum due to a breach of contract that happened 10 years ago, the plaintiff’s suit will most probably be dismissed on the ground that it is out of time unless the plaintiff can justify the delay for example if the breach was concealed or there was some form of fraud making it impossible for the plaintiff to know of the breach.
Exceptions and Extensions to the Limitation Period:
The Limitation Act contains certain exceptions and provisions about the extension of the limitation period, for example. –
Section 5 (Condonation of Delay): When the plaintiff offers the Court “sufficient cause” to explain the reasons for non-filing during the prescribed period, the Court may grant the leave to file out of time. This is mostly in respect of appeals and applications, not for the filing of plants.
Disability: Where the plaintiff is under legal incapacity (e.g., minor, mentally ill, etc.) outside the circumstances giving rise to action; the time limit within which the action must be commenced only begins to run when the incapacity is lifted (e.g. the person attains majority or is restored to sanity).
Fraud and Concealment (Section 17): The statute of limitations period will not apply until the plaintiff, reasonably active, has discovered such fraud or concealment of facts, which prevented him from suing before.
Acknowledgment of Debt (Section 18): Where any document is executed by the defendant definite in time and before the expiry of time limitation containing an admission of the debt or liability, the period of limitation will run afresh from the date of such an admission.
Exclusion of Time in Certain Cases:
The Limitation Act also makes provisions for the exclusion of periods that are certain and fall to be computed in the limitation period. For instance:
Genuine Initiatives by a Party to Litigate: If any party has been actively exercising their legal rights in another place (which could be, for example, a wrong jurisdiction), the time spent in that quarter does not count against the limitation period because the party acted in good faith.
Time spent under disability: As elucidated earlier, if a man was incapacitated when a cause of action arose, the period (before the action commenced) in which he was so incapacitated is not counted within the limitation period.
Effect of the Legislation on Civil Action:
Promotes prompt action: The said statute encourages persons who have been wronged to take up the cudgels and fight for justice. This not only accelerates the legal proceedings but helps resolve the conflict at the most appropriate time when evidence and witnesses are accessible and reliable.
Remedies against time-barred claims: All the claims are expected to be filed within the time limits set by the law otherwise parties will probably have difficulties and unfair disadvantages when ready to plead as relevant evidence may have disappeared, memories have grown dim or witnesses have become unavailable.
Encourages closure: In so far as claims must be instituted within the time frame specified in the statute, the Act serves to enhance the closure and predictability of legal actions and thus instills faith in the framer of the law.
Conclusion
The Limitation Act, of 1963, is a protection against civil suits being filed after a certain period. It also ensures that there are time limits within which mechanisms for legal redress have to be sought, thereby enhancing the effective handling of cases, discouraging procrastination, and helping to eliminate the injustice arising from the resurrection of stale cases. Although the Act has its exceptions and allows for the postponement of actions in certain instances, her main concern is to harmonize the grounds on which a plaintiff has a right to bring an action and the right of a defendant not to be harassed by a lawsuit for an indeterminate period.
Reference
Comments