Purpose of the Limitation Act
The Limitation Act exists to bring legal certainty and discipline into the justice system. Its main objectives include:
- Ensuring that litigants act without unreasonable delay
- Promoting fairness by preventing stale claims
- Protecting defendants from never-ending threats of litigation
Therefore, while the law doesn’t destroy the right itself, it certainly bars the legal remedy if a claim is filed too late.
What is a Limitation Period?
Every legal claim has a shelf life. This is called the limitation period. It refers to the maximum period allowed by law to initiate legal proceedings. Importantly, this period begins when the cause of action arises—meaning, when the right to sue first occurs.
For example:
- Contractual disputes must usually be filed within 3 years.
- Claims related to ownership of immovable property allow up to 12 years.
- Torts or defamation cases need to be filed within 1 year.
Thus, claimants must stay vigilant about the ticking legal clock.
Core Principles of the Limitation Act
1. The Act Bars Remedy, Not the Right
A person may continue to hold a right. However, if they fail to enforce it within the allowed time, the court may deny legal relief. For instance, a debt may still be acknowledged socially, but legally, the creditor loses the power to sue.
2. Time Starts from When Cause Arises
Once the reason to file a case emerges, the limitation clock begins. According to Section 9, no interruption stops this clock unless the law itself provides for it. Hence, parties must act promptly.
3. Legal Disabilities Extend the Period
If a person suffers from a legal disability—such as being a minor or mentally unfit—the limitation period gets postponed. In such cases, the countdown begins only when the disability ends. For example, a minor can file a suit once they reach the age of majority.
4. Acknowledgment Resets the Clock
Section 18 allows that if the opposing party acknowledges the claim in writing before the limitation ends, the time period resets from that date. This often applies in money recovery cases.
5. Fraud, Mistake, and Concealment
Under Section 17, the limitation period starts only after discovering the fraud or mistake. This ensures that one cannot benefit from hiding facts dishonestly.
6. Continuous Wrong Creates Fresh Cause
When a wrong continues daily—such as in trespass or pollution—each new act gives rise to a fresh cause of action. As a result, victims can sue for the ongoing harm even if the first violation happened long ago.
Court’s Discretion: Delay Can Be Excused
Although the law expects timeliness, it also acknowledges genuine delays. Section 5 of the Limitation Act allows courts to condone delays in appeals or applications, but not in original suits. Still, the delay must be backed by sufficient cause, such as illness or unavoidable hardship.
Landmark Case: Rajendra Singh v. Santa Singh (1973)
The Supreme Court observed that the Limitation Act rests on public policy. In this case, the court declined relief to a claimant who waited too long to bring the case. It emphasized that laws must protect not only rights but also the timely enforcement of those rights.
