What is the Limitation Act?

The Limitation Act is a law that sets the maximum time periods within which legal proceedings must be initiated. It aims to ensure that legal actions are brought forth in a timely manner, providing certainty and finality to disputes.

Key Specifics of the Limitation Act:

1. Limitation Periods:
   • Contracts: Generally, 3 years from the date of breach.
   • Torts: Typically, 3 years from the date of injury or damage.
   • Property Claims: Varies, often 12 years for possession disputes.
   • Negligence Claims: Generally, 3 years from the date the cause of action arises.
2. Commencement of Limitation:

   The limitation period usually begins from the date when the cause of action arises. This is the date when the aggrieved party could have first filed a lawsuit.

3. Extension and Exceptions:
   • Disability: If the claimant is a minor or of unsound mind.
   • Fraud: If the cause of action was concealed through fraud.
   • Acknowledgment: If the debtor acknowledges the debt in writing, the limitation period may be reset.
4. Bar to Legal Proceedings:

   After the expiration of the limitation period, the claimant is barred from filing a suit. The court will not entertain cases filed after the limitation period has elapsed.

5. Specific Limitation for Specific Laws:

   Certain statutes may have specific provisions regarding limitation periods that override the general provisions of the Limitation Act. For instance, specific laws like the Arbitration and Conciliation Act, and various tax laws may have their own limitation timelines.

6. Filing and Calculation:

   Legal practitioners must ensure that claims are filed within the prescribed periods. It’s essential to calculate the limitation period accurately to avoid the dismissal of cases.

7. Application of Limitation Act:

   The Limitation Act applies to all civil proceedings, but does not apply to criminal cases, where different laws govern the prosecution timeline.

Summary:

The Limitation Act serves to promote justice by encouraging parties to bring their claims forward within a reasonable time, preventing stale claims that can undermine the legal process.