Salient Features of Limitation Act, 1963



Salient Features of Limitation Act, 1963INTRODUCTIONThe law of limitation finds its root in the maxims?“Interest Reipublicae Ut Sit Finis Litium”?which means that in the interest of the state as a whole there should be a limit to litigation and “vigilantibus non dormientibus Jura subveniunt”?which means the law will assist only those who are vigilant with their rights and not those who sleep upon it. The law of limitation specifies the statutory time frame within which a person may initiate a legal proceeding or a legal action can be brought. If a suit is filed after the expiry of the time prescribed it will be barred by the Limitation. It means that a suit brought before the Court after the expiry of the time within which a legal proceeding should’ve been initiated will be restricted.HISTORY OF THE ACTThe law of limitation developed in stages and finally took the shape of the Limitation Act of 1963. Prior to 1859, there was no law of limitation applicable to the whole of India. It was only in 1859 that a law relating to limitation (Act XIV of 1859) was enacted that was applicable to all the Courts. The Limitation Act was subsequently repealed in the years 1871, 1877, 1908. The Limitation Act, 1908 was repealed by the Third Law Commission and the Limitation Act of 1963 came into force. The 1908 Act referred only to foreign contracts whereas the 1963 Act talked about contracts entered into the territory of Jammu and Kashmir or in a foreign country.OBJECT OF THE ACTThe Law of limitation prescribes a time period within which a right can be enforced in a Court of Law. The time period for various suits has been provided in the schedule of the Act. The main purpose of this Act is to prevent litigation from being dragged for a long time and quick disposal of cases which leads to effective litigation. As per the?Jammu and Kashmir Reorganisation Act, 2019, provisions of the Limitation Act will now apply to the whole of India. The Limitation Act, 1963 contains provisions relating to the computation of time for the period of limitation, condonation of delay, etc. The Limitation Act contains 32 sections and 137 articles and the articles are divided into 10 parts.WHETHER THE ACT IS EXHAUSTIVE?The Limitation Act is exhaustive with respect to all matters expressly dealt in it. It cannot be extended by analogy. Ordinarily, the Act applies only to civil cases except in the matter expressly and specifically provided for that purpose. ................
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