Search this article on Google: Understanding the Limitation Provisions in the Code of Civil Procedure, 1908: A Comprehensive Guide
Understanding the Limitation Provisions in the Code of Civil Procedure, 1908: A Comprehensive Guide by SimranLaw Experts
In this article, our legal experts at SimranLaw delve into the complex world of limitation provisions under the Code of Civil Procedure (CPC) 1908, providing an extensive guide to their application. SimranLaw, with its vast expertise in diverse legal fields, aims to provide the layperson with a comprehensive and attainable understanding of this crucial area of law. We have included relevant judgments and case laws to illustrate our points.
What Is The Limitation Provision?
The Limitation Act 1963 is incorporated in the Code of Civil Procedure by virtue of Section 3(1). This provision serves to bar the jurisdiction of civil courts to try cases after a specified period of time. This time frame is termed as the period of limitation.
Primary Reasons for Setting a Limitation Period
- Encouraging litigants to seek redressal in a timely manner.
- Preventing frauds that might be perpetuated by using stale evidence.
- Ensuring that possible defendants are not under constant threat of litigation.
Categories of Limitation Periods
- 12 years: applicable for suits related to possessions of property or hereditary rights.
- 3 years: applicable for suits related to contracts, declarations, decrees, or orders of civil courts, among others.
- 1 year: suits related to compensation, defamation, malfeasance, etc fall under this category.
Key Case Law Interpretations
- V.M. Salgaocar & Bros. (P) Ltd. v Barak Valley Cements Ltd. (2015): This case held that the period of limitation begins when a cause of action arises, and no act of the parties can arrest or postpone the commencement of the period.
- Smt. Dhanwanti Vs. Smt. Hansa & Ors. (1996): The Supreme Court stated that there is no absolute rule that delay should be condoned in all cases where delay is caused due to the negligence of the counsel.
- K. Bhaskaran v. Sankaran Vaidhyan Balan (1999): The Court held that the time period for filing a complaint regarding a dishonoured cheque begins from the day the drawer fails to make payment within the stipulated 15-day period.
The Limitation provisions in the Code of Civil Procedure, 1908 play a vital role in the legal framework of India, ensuring swift justice and preventing lengthy delays in litigation. SimranLaw hopes that our exploration into this topic has helped you understand the intricacies and implications of these terms in a comprehensive manner.