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LEGAL LEARNING – Limitation Law in Civil Suits
Topic: Court can dismiss suit as time-barred even if limitation issue isn’t framed
Key Takeaways:
As per Section 3 of the Limitation Act, 1963, the Court is duty-bound to dismiss any suit, appeal, or application filed beyond the prescribed limitation period—even if the defendant has not raised it as a defence.
Framing a separate issue on limitation is not mandatory if the limitation aspect is evident on record and is intrinsically linked to the dispute.
The objective of the Limitation Act is to avoid indefinite litigation and ensure timely justice—not to destroy any legal right but to prescribe a timeframe to act upon it.
Even if limitation is not pleaded, the court is required to analyze evidence and give a finding on limitation if it affects the outcome of the case.
Legal Insight:
This ruling ensures that the judicial process is not delayed by procedural lapses and reinforces the importance of timely litigation.
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