Now before we start with this subject there are a few points we need to keep in mind. First thing is that I am not going to write long sentences here and make it tedious for you to read and for me to write. So I will make an effort to provide all the information in points.
Secondly, I am going to focus on the important aspects like the language of the bare act and the importance of the sections, however, I will break the sections into various points and heads so that it is easier to read and learn. Do keep a bare act handy to notice the sections and sub-sections. Here in this post the objective is to give you key words to remember.
Thirdly, I am going to make an effort to make this subject as easy as I can for you, however, there might be some mistakes, hence, when you see any mistakes or are not convinced about anything in this post do write to me so that I can correct myself.
Introduction to the Law of Limitation
- It is a procedural law.
- It is lex fori.
- Foundation- public policy and expediency.
- “Interest republicae ut sit finis litium”– the interest of the state requires that there should be an end to litigation.
- “Vigilantibus non dormeientibus jura subverniunt”– Law helps the vigilant and not the one who sleeps over his rights.
- The Limitation Act, 1963 is an acta. To consolidate and amend
b. The law of limitation
c. Of suits and other proceedings
Provisions of the Act
Section 1: Short title, extent and commencement
- Act maybe called the Limitation Act, 1963
- Extends- to whole of India, except J&K
- Came into force on 1/1/1964.
Section 2: Definitions
- Applicant includes:
a. A petitioner
b. Any person- from or through whom- an applicant derives- right to apply
c. Any person whose estate is represented by the applicant as executor, administrator or other representative.
[Petitioner- right to apply- EAOR (executor, administrator and other representative)]
- Application- includes petition
- Bill of exchange- includes a hundi and a cheque
- Bond includes
a. Any instrument
b. Whereby a person obliges himself
c. To pay a sum of money
d. To another,
e. On condition– that the obligation shall be void – if a specified act is performed or is not performed, as the case maybe.
- Defendant includes-
a. Any person- from or through whom– a defendant derives– his liability to be sued
b. Any person whose- estate is represented– by the defendant as- executor, administrator or other representative
[Liability to be sued—EAOR]
- Easement includes
a.A right not arising from contract
b. By which- one person is entitled to—remove and appropriate
c. For his own profit
d. Any part of the soil belonging to another, or
e. Anything growing in, or
f. Attached to, or subsisting upon
g. The land of another
- Foreign Country- means any country other than India
- Good faith- nothing shall be deemed to be done in good faith which is not done with due care and attention
- Plantiff includes-
a. any person- from or through whom- a plantiff derives- his right to sue
b. any person whose- estate is represented by the plantiff- as executor, administrator or other representative.
[Right to sue- EAOR]
- Period of limitation means- the period of limitation prescribed– for any suit, appeal or application by the Schedule, and
Prescribed Period means- period of limitation computed- in accordance with the provisions of this Act
[Period of Limitation= prescribed= schedule]
[Prescribed Period= computed= provisions]
- Promissory Note- means
a. any instrument whereby
b. the maker engages absolutely
c. to pay a specified sum of money to another
d. At a time therein limited or on demand or at sight.
- Suit- does not include- an appeal or an application
- Tort- means
a. a civil wrong
b. which is not exclusively
c. the breach of a contract or
d. the breach of trust
- Trustee- does not include
a. A benamidar
b. A mortgagee remaining in possession after mortgage has been satisfied or
c. A person in a wrongful possession without title.
Now that we have seen all the definitions it is time to understand how to learn them. It is better to use acronyms to learn this. Let us divide the list of definitions into two.
Applicant- application- bill of exchange- bond- defendant- easement- foreign country
- G. P.P.P.S.T.T [G. 3P. S. 2T]
Good faith- plantiff- period of limitation & prescribed period- promissory note- suit- tort- trustee
For the purpose of exam some definitions are more important than others but you still have to memorise all the definitions. However Period of limitation and prescribed period is the most important definition, without any doubt. So cram it up