The Limitation Act, 1963 is a law that prescribes the time period within which a legal action can be filed. The law of limitation is designed to prevent people from filing stale claims and to ensure that justice is not delayed.
The limitation period for filing a claim starts to run from the date on which the cause of action arises. For example, if you are injured in a car accident, the limitation period for filing a claim starts to run from the date of the accident.
There are a few exceptions to the law of limitation. For example, if the defendant has concealed the claim from the claimant, the time limit may be extended.
Computation of Limitation Period
The limitation period is calculated from the date on which the cause of action arises. However, there are a few exceptions to this rule. For example, the limitation period for filing a claim for personal injury is calculated from the date on which the injury is discovered, or should have been discovered with reasonable diligence.
The limitation period is also calculated in a few other ways, depending on the type of claim. For example, the limitation period for filing a claim for breach of contract is calculated from the date on which the breach of contract occurs.
Interruption of Limitation Period
The limitation period can be interrupted in a few ways. For example, if the defendant acknowledges the claim, the limitation period starts to run again from the date of the acknowledgement.
The limitation period can also be interrupted by the filing of a suit. However, if the suit is dismissed, the limitation period starts to run again from the date of the dismissal.
Suspension of Limitation Period
The limitation period can also be suspended in a few ways. For example, the limitation period is suspended during the pendency of an appeal.
The limitation period can also be suspended by an order of the court. For example, the court may order the suspension of the limitation period if the defendant is unable to defend the claim due to reasons beyond his control.
Here are some MCQs on Limitation and Its Computation:
- What is the Limitation Act, 1963?
- A law that prescribes the time period within which a legal action can be filed
- A law that prescribes the time period within which a person can file a complaint against a trader
- A law that prescribes the time period within which a person can file a complaint against a consumer
- None of the above
- The correct answer is a law that prescribes the time period within which a legal action can be filed.
- How is the limitation period calculated?
- From the date on which the cause of action arises
- From the date on which the injury is discovered
- From the date on which the breach of contract occurs
- All of the above
- The correct answer is all of the above. The limitation period is calculated from the date on which the cause of action arises, the date on which the injury is discovered, or the date on which the breach of contract occurs, depending on the type of claim.
- What happens if the limitation period expires?
- The claim will be dismissed
- The claim will be stayed
- The claim will be allowed
- The claim will be transferred to a higher court
- The correct answer is the claim will be dismissed. If the limitation period expires, the claim will be dismissed.