Article >>The Limitation Period of the Suit

Are you vigilant about your rights? If yes then you must be aware of the fact that every case has to be filed within the limitation period prescribed by the Limitation Act. If you file a case beyond the limitation period prescribed for it then your claim gets void unless the court allows your condonation of delay. You need to plead before the Hon’ble court and furnish the reason for the delay then only the court will entertain your plea. Otherwise the general law is that if a suit is filed after the limitation period is expired your suit is barred by the law.

For different civil suits different period is prescribed by the law. For Instance, for property law if you have a claim on the moveable property then the limitation period is 12 years. After twelve years is passed you cannot claim your right over the property. But it also depends that when the cause of action arises. The time of the limitation period starts from when the cause of action raises. If you have leased out your property to someone and later your relations with the lease has been strained then the day your lease expired or as per the term and condition of the lease you can file a suit for the eviction of the property. But remember that the time starts from the day the cause of action arises.

Another example for the limitation period is the recovery suits filed under Order 37 of the CPC. When the petitioner file a summary suit the defendant has to appear before the court within the ten days and ask for the leave to defend along with a reason that he is not guilty. Thus, in the summary suits the time period is very less. If the defendant doesn’t appear before the judge within the ten days an adverse order can be passed against him. So, if you are vigilant about your rights always file a case within the limitation period. If you have any doubt kindly consult a lawyer.

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