INTRODUCTION On LAW RELATING TO LIMITATION :

The law relating to limitation is incorporated in the Limitation Act of 1963, which prescribes different periods of limitation for suits, petitions or applications.

The Act applies to all civil proceedings and some special criminal proceedings which can be taken in a Court of law unless its application is excluded by any enactment. The Act extends to whole of India except the State of Jammu and Kashmir.

Limitation Bars Remedy, But Does Not Extinguish Rights

The Law of limitation bars the remedy in a Court of law only when the period of limitation has expired, but it does not extinguish the right that it cannot be enforced by judicial process (Bombay Dying & Mfg. Co. Ltd. v. State of Bombay, AIR 1958 SC 328). Thus if a claim is satisfied outside the Court of law after the expiry of period of limitation, that is not illegal as the right to cause of action always remains. Similarly, even if the defence of limitation is not set by the other party, the Court cannot accept any suit, appeal or application beyond the period of limitation.