Limitation Act of 1963
Limitation Act of 1963 applies to all civil proceedings in India and it also applies to some special criminal proceedings which can be taken in a Court of law. However its application can be excluded by any enactment and it would not be applicable on the specific enactment. The Limitation Act of 1963 extends to whole of India except the State of Jammu and Kashmir
On imporant aspect which needs to be kept in mind is that Limitation Act Bars Remedy, But Does Not Extinguish Rights. This means that if period of limitation has expired then remedy by court will be bared but it does not extinguishes the right. So the right remains intact but it is no longer judicially enforceable.
Doctrine of sufficient cause
Section 5 of Limitation Act 1963 provides the Doctrine of Sufficient Cause. As per Section 5 any appeal or any application may be admitted after the prescribed period of limitation if the appellant or the applicant satisfies the court that he had sufficient cause for not preferring the appeal or making the application within such period.
There is an exception to this rule which is application under any of the provisions of Order XXI of the Code of Civil Procedure, 1908. Extension of time cannot be provided for such orders.
So, the Court can admit an application or appeal after the expiry of the period of limitation if court is satisfied that the applicant had sufficient cause for not making it within time specified.
Following situations are considered as sufficient cause
• Wrong practice of High Court which misled the appellant or his counsel in not filing the appeal
• Mistake of counsel may also be taken into consideration in few cases
• Wrong advice given by advocate of the applicant
• Mistake of law
• Imprisonment of the party can be sufficient cause
• Serious illness of the party
• Time taken for obtaining certified copies of the decree of the judgment necessary to accompany the appeal or application.
• Ailment of father during which period the defendant was looking after him.
However non availability of the file of the case to the State counsel or Panel lawyer is not a ground for condonation of delay
CONTINUOUS RUNNING OF TIME
Section 9 provides the rule of continous Running of time. As per this rule “Time when once it has commenced to run in any case will not cease to be so by reason of any subsequent event.”
These online MCQ Mock tests and MCQ questions includes all main concepts of the chapter (Limitation Act of 1963) in CS Executive Module II Industrial, Labour and General Law (ILGL MCQ based OMR) Exam.