136 CIVIL PROCEDURE CODE AND I

LIMITATION ACT

Section 16: Effect of death on or UNITV

before the accrual of
Sue. theright
to
Where a person having the rightto sue or make
an
died before the right accrues or right accrues onlyon application
will be
the
the has
nhas
limitation
person- the period of computed from death ofthat
the
there is a legal representative who is capable of timewhen
instituting.
where a person against whom the right to sue or make a
to
an Secondly,
would have accrued dies or would have accrued on application
his
limitation will start when there will be a
legal death;
representative of
deceased. the

Under Section 17: Where the suit or

application is
based
fraud, mistake or concealment by upon
fraud- the period of
limitat
limitationwill
start unless the plaintiff or aplicant has discovered the
the fraud,
concealment or mistake.
Under Section 18: In case of an acknowledgment of
liability in

respect anyof property or right-a-fresh period limitation of

will bbe
computed from the time acknowledgment was signed.

Under Section where payment on account of a debt

19: or of

interest on legacy- a fresh period of limitation willbe computed when

payment was made.

Section 20: Section20 is only a further explanation of Section 18
and Section 19. Itsays that under a disability the expression 'agent
duly authorised' will include the lawful guardian, commitee.
or
manager or agent duly authorised by such guardian, committee
manager.
Section 21: Where a new plaintiff or defendant is added or
substituted after the institution of suit- the suit will be deemed to be

instituted when he was so made the party. However,

if the new

plaintiff or defendant was added due to a mistake

in good faith and

to have been
the Court is satisfied, the suit shall be deemed
instituted

on an earlier date.
breach contract or
UnderSection 22:Wherethere is a continuing of

moment when the

tort -a fresh period of limitation willstart at the
breach or tort continues.
not
Under Section23: In case of suits for compensation for acts
start from
period will start
actionable without special damage limitation
will

the time when the injury occurs.

ofthis
Under Section 24: All instruments shall, for the Purposes
to the Gregorian calendal.
Act, be deemed to be made with reference
 CIVIL
PROCEDURE CODE AND LIMITATION ACT 137

V
UNIT
fraud or mistake on the period
of
the effects of
Discuss
08
09. limitation.
(October 2021)(September 2024) 6 Marks.
Act deals with the effect of 'fraud'
Limitation
Li
17 of Indian
Section Ilimitation prescribed bythe Act.
on period of
mistake'
17: The limitation shall be computed from the
toSection
the fraud beecame known to the person who defrauded.
According
when
time by the exercise of fraud has kept away other
if any person
Therefore,
from the knowledge that he hassa right to file a suit,limitation
persons from the time when such fraud became known to
will be computed
theperson
so defrauded.
Where any document necessary to establish such right has been
concealed from him or where the suit or application is
fraudulently
or the relief from the consequence of a mistake, limitation shall
be
from the time when hhe first has the means of producing the
computed
or compelling its production and in latter case when the
document
or the applicant has discovered the mistake or could have
plaintiff
discovered it. It should be from the date of the discovery of the

document.
The following are the essential conditions for getting the

advantage of the above Section:

The cause of the action of the plaintiff has been concealed from
him by fraud.
. whoFraud
or
has been done by the defendant or a person through him
claims under him.

The plaint is in time since the discovery of fraud.

The following, however, are exceptions to the rule laid

Exceptions:
down above:
"Nothing in this Section shall enable any suit to be instituted,
against or set
application to be made to recover or enforce and charge

aside any transaction affecting any property,

which,
for valuable
• In the case of fraud, it has been purchased
the fraud and
consideration by a person who was not a party to
did not at the time of the purchase know or have
reason to

believe that any fraud had been committed,or

for valuable
has been purchased
• In the case of mistake, it

consideration subsequently to the transaction in which the

or have
mistake was made by a person who did not know,
or
reason to believe, that the mistake had been made,
138 CIVIL PROCEDURE CODE AND LIMITATION ACT

UNITTV
• In the case of a concealed document, it has been
valuable consideration by a person who was not purchased
a for
concealment and, did not at the time of purchase partyto

reason to believe that document has been

knowor the
concealed." have

The main object of this section to keep theright ofia

is t
a
long as he is not made aware the person to
suspended so of
sue
him. Such a period sexcluded fromm fraud to be
is
committed against the
of
on the principle that a
limitation. It is based prescribed
period person
because the should
not be deprived of his legal right to sue simply because
not have knowledge of period of
limitation expired and he could fraud
him.
with him or likely to bedone with done

According to Section 17(1) where the execution of a

decree or
order
has been prevented by fraud c
within the period of limitation or
forceof
the judgment debtor, the court may on the application of judgment
creditor made after the expiry of period of limitation, extend the
decree or order. Butsuchan
period for the execution of application
must be made by the judgment creditor within one one year
year from the date
as the case mav be
of discovery of fraud or the cession of force

0.10. What is legal disability? Discuss the provisions in fhe

Limitation Act affording protection under such

disability.
(March 2021) (September 2024) 10 Marks.
Legal Disability. –Generally, limitation begins to run from the
cause of action. But the Indian Limitation Act itself provides
certain exceptions to this general principle. Thus, in a case where the
aggrieved party is suffering with some legal disability, the periodof
limitation does not run from the date of the accrual of the cause of
action butrunsfrom a subsequentdate, on which the disability ceases.
In this connection Sections 6,7 and 8 of Indian Limitation Act are the
counterpart of each other and they unitedly form one unit. The
general rule regarding disability is provided by Section 6 which reads
as below:

• Where person entitled to institute a suit or make an

a
application for the execution of decree is atthe time from which
the prescribed period is to be reckoned, a minor or insane,oran
idiot, he may institute the suit or make the application within
the same period after the disability has ceased, as would
otherwise have been allowed from the time specified there for
in the third column of the schedule.

• Where such person is, at the time from which the prescribed
or
period is to be reckoned, affected by two such disabilities,
 CODE
CIVIL PROCEDURE ,AND
V LIMITATION ACT
UNIT

where,
before his disability has s ceased, 139
he may institute the suit he is
disability, ormake affectedby
period after both
the same another
have been allowed disabilities haveapplication
within
otherwise fromthe
time soceased as would
. Where the disability continues up to
legal representative
the
may institute the death
specified.
ofthat
within the same suit or person his
the death,make the
application period after
otherwise
have been allowed
from the as
time so would
Where thelegal representative specified.
referred toin
the death of person to whom
he sub-section(3)is at
such disabilities the rules contained
represents,
ir sub- affected by any of
ntained in
shall apply. sections (1)and
(2)
• Where a person under disability, dies after
but within the period allowed the
to him under disability
ceases
legal repres19ntative this
may the suit or Section, his
institute
application within the same make the
period after the
otherwise have been available death, as
to that
person had he not would
died.
Explanation: for the purposes of this
Section 'minor includes a
child in the womb." –So, Section 6
does not
imitationbut only extends the prevent
period of limitation 'ontherunning of
disability of person entitled to ground of
sue or apply. Section 6
insane person, minor and
an idiot to file a suit or make an excuses an
for the execution
of a decree within the application
time prescribed by law and
enables him to file the
suit or make an application
after the disability
has ceased, counting the
period of time from the date on
which the
disabilityceased. Ifone disability supervenes
one disability is followed by
on another disabilityor
anotherwithout leaving a gap the suit or
application for execution may be
filed after both disabilities have
ceased to exist. Ifthe disability or
disabilities continue till the person's
death, thenthe legal representative of
the deceased on whom thet
devolves is allowed to file a suit or make an
application for execution
within the time allowed by law counting it
from the death of the
person entitled. The mere fact that there is a guardian for the
person
under disability does not deprive such a person of the
indulgence
granted by Section 6.

Case of Akhtar Hussain v Qudrat Ali, AIR 1923 Oudh. 31 it was

In the
observed that Section 6 of Limitation Act has no application in case of
appeals. Legal disability is inability to sue owing to minority, lunacy
or idiocy. The effect of legal disability is that it extends the period
limitation, but it does not prevent the period from running,
 140 CIVIL PROCEDURE CODE AND
LIMITATION |ACT

Sometimes situation arises when one of

a UNITV

|
the
jointly entitled to institute
a suit or to execute a several
disability. In this connection Section 7 of Act decree persons
saysthatif is under
several persons jointly entitled to institute a suit oneof
or the
application for the execution of a decree, is under
anysuch make an
da discharge can be given without thethe concurrence
disability of

the time will run against all of them. Such

However, if such perSOn,
cannot begiven, time willInotnot run as against
any of them discharge
until
them becomes capable of giving such
discharge
oneof

concurrence of theother or until the disability has without

has ceased. the

So, Section 7 of Limitation Act would apply when theright

to sue
isjoint irrespective of whether the substantive right is joint or not.
Section 8 of Indian Limitation Act makes it clear
that Rules
contained in Sections 6 and 7 are subject to thefollowing
conditions:
They cannot be applied to suits to enforce
rights of

pre-emption.

They cannot be applied to any of the cases in which extension

nof

period of i
imitation for morethan three years from the cessation
of disability or the death of a person as the case may be. is
sought for.

CONTINUOUS RUNNING OF TIME (SECTION 9)

a fundamental principle of law of limitation that "Once the
It is
time has commenced to run it willnot cease to do so by reason of any
subsequent event." In other words, the time runs continuously and
without any break or: interruption until theentire prescribed period
has run out and no disability or inability to sue occurring
embodied in Section 9 of
subsequently can stop it. This rule has been
the Act in the following words:

"Whereonce time has begun to run, no subsequent disability or

inability to institute a suit or make an application stops it."

that, where letters of administration to the estate of a

Provided
creditor have been granted to his debtor, the running
of the period ofa

limitation for a suit to recover the debt shall be

suspended while

administration continues."
to applications as
This Section applies not only to suits but
wel.

This has not been expressly provided in the section.

Was
date on which the cause of action arose the
plaintiff
If at the
time will naturally beginto run
inder no disability, or inability, then
 CIVIL PROCEDURE CODE AND
V LIMITATION ACT
UNIT 141

there is no reason
him because why the
Section 9 says that ordinary law should
against full operation. once time has
not have tdisability or inability to sue can beguntorun,
as well asto his stop its
nosubsequent
toa person himself running. This
applies representatives-in-interest
his death.
after
Caction contemplates
a case of subsequent
and not of initial
that is,it contemplates those cases
disability, of the
where the disability
after the accrual cause of
ocurred action, whereas cases
have been provided of
I disability for by Section 6.
initial

Disability orinability tosue.–Disability has been defined as tho

want legal
of qualification to act and
inability of the physical
according to Calcutta High Court in person to
act.
Thus, Pooran Chandra v.
AIR 1919 Cal. 1018, disability is the
Sasson, state of being

.
insane or idiot,
whereas illness, poverty etc. are

The proviso to Section 9 contains an

minor,
instances ofinability.

ule that once time begins to run, no exception to the general

subsequent disability or
inability to sue can stop it. The proviso lays down
that when
administration of an estate has been given to a debtor of the
deceased, no time will run against such a debtor until the
administration of estate which has been entrusted to him has
been finished. In such cases, the law prevents the duty of
properly administering the estate from coming into conflict
with the right of the person to sue for the debt, the hand to give
and the hand to receive is the same.
• The time spent in copy of the decree, sentence or
obtaining a
order appealedfrom or sought to be reviewed shallbe excluded
while computing the period of limitation prescribed for an
appeal or an application for leave to application and an
application for review of judgment. In the same way the time
spent in obtaining the copy of the award shall be excluded,
while computing the period of limitation to file an application
to set aside an award Section 12.

• The time taken for prosecuting an application for leave is to be

excluded if leave is necessary while computing the period of
limitation for a suit or appeal Section 13.

the plaintiff has been prosecuting with due diligence

When
spent in it shall be excluded
another same proceeding the time
Section 14.
whilecomputing the period of limitation
to stay the
• When an injunction order has been obtained
in obtaining injunction or
institution of suit, the time spent
 142 CIVIL PROCEDURE CODE AND
LIMITATION ACT

order shall be excluded while UNIT V

limitation Section 15(1). computing the

period of
• When is served before the
notice
institution of

|
limitation shall be suspended during the a suit,
Section 15(1). period of the
notice
The period of limitation shall besuspended
during
which the proceedings to set
aside the sale have
prosecuted in a suit for possession by purchaser ;at an for

sale Section 15(4). execution

• Ifthe defendant absent from India or in the

is

India, under the administration of the Centralterritories beyond

time up to which he has been absent shall beGovernment, the
excluded
while
computing the period of limitation Section 15(5).

Q.11. Distinguish between limitation and estoppel.

(December
2022) 6 Marks.

Introduction. a procedural law. It precludes

-Limitation is

person claiming a right tosue after the

period of limitation
whereas

Estoppel isa substantive law.

The Limitation Act of 1963 in India limits the i

Limitation:
within which legal action can be taken. The purpose of the act is to
ensure that legal remedies are sought in a timely manner, and to
prevent cases from dragging on for too long.

Estoppel: Section 115 of the Bharatiya Sakshya Adhiniyam, 2023

incorporates the meaning of estoppel as when one person either by
his act or omission, or by declaration, has made another person
believe something to be true and persuaded that person to act upon it,
then in no case can he or hisrepresentative deny the truth
of that

thing.

Definition and Purpose of Limitation.

Definition:The Limitation Act is a law that sets time
limits for

other legal actions. The law's

filing lawsuits, appeals, and
from remaining in a state of

purpose is to prevent legal actions

rights are not lost dueto
uncertainty and to ensure that
time frame within which a
inaction. Limitation refers to the
legal action must be initiated.
Beyond this period, the right to
sue is extinguished.
 PIROCEDURE CODE AND LIMITATION
CIVIL
ACT
143
V

..
UNIT
Purpose:
The act
mros the public by ensuring
serves
rights are sought without delay.
that remedies for

violated

,Theact promotes Speedy disposal of cases

helps to ensure that people can prosper and

• The act sit with

peace
ofmind.
. The doctrine
certainty
of limitation
and finality, preventing
is designed to promote
the
the revival of old claims
legal

and encouraging diligent prosecution of rights.

and Purpose of Estoppel

Definition.
som
Definition: Estoppel is a legal principle that prevents
their previous actions or statements. It's
from contradicting
from being treated unfairly by the
used to prevent people
words of others.
inconsistent actions or

• Purpose:
. Estoppelprevents people from changing their mind
something they previously said
in court.
about

back on
• Itpreventspeople from making assertions or going
their word.
particular claim.
• It prevents people from bringing a

Governing Law for limitation.

law of limitation in India.
The Limitation Act, 1963 governs the of claims,
periods for different types
Itprescribes specific time
cannot be initiated.
beyond which legal action

Governing Law for Estoppel. of TheBharatiya

under Section 121,122,123
• Estoppel iscodified
Sakshya Adhiniyam, 2023.

Applicability of limitation law. suits

to various civil actions, including
• Limitation applies
torts, property
disputes, and more. The
related to contracts, For example,the
on thenature of theclaim.
period varies based of debt is three years
for a suit for recovery
limitation period
becomes due.
from the date the debt
 CIVIL PROCEDURE CODE AND LIMITATION ACT
144
UNIT V

of estoppel.
Applicability
intentionally makes a
False claims: If someone false
claim
person acts on it, the
first person can't and
another later
deny the
claim.

• Promissory estoppel: If someone makes a promise that

the first person changes
the position of another person, the can't go back
On

their promise.
court on an issue,the
has already ruled
Issue estoppel: If a same
issue can't be relitigated between the same parties

Legal Consequence of limitations.

lawsuit filed after the
expiration of the prescribed
• If a is
defendant can raise the
limitation period, the limitation
is then bound to dismiss the suit,
defense. The court irrespective

of its merits.

Legal Consequence of estoppel.

estoppel is successfuly invoked, it prevents the
party
When
conduct or
from making assertions contrary to their previous
statements. This ensures consistency
and fairness in legal

proceedings.

Conclusion.-Both limitation and estoppel are integral to the

administration of justice,yet they serve differerntpurposes.

Limitation

focuses on the timeliness of claims, ensuring legal proceedings

are

initiated within a reasonable period. Estoppel,

on the other hand,
from acting
emphasizes fairness and consistency, preventing parties
dishonestly or contradictorily.

Q.12. Acknowledgement. (June2022) (December 2022) 6 Marks.

Introduction. -Acknowledgement a written and signed
is
confirmation of liability regarding a property or right which is made
agent, before
by the party whoowes such liability or their authorized
the expiry of the original period of limitation. Such
acknowledgement
resets the timeline to take legal action to enforceable.

Section 18; Effect of acknowledgment in writing.-(1) Where,

a suit or
before the expiration of the prescribed period for

application in respect any property or right, an acknowledgement

of
been made
of liability in respect of such property or right has is
right or
in writing signed by the party against whom such property or
his title
claimed, or by any person through whom he derives
 CIVIL PROCEDURE CODEAND
LIMITATION ACT
145
UNITP period of limitation shall
a fresh be
was so signed computed from
abheacknowiedgement
Jjability, the time
the writing containing
Where
may the
(2) oral evidence may be
given of the acknowledgement
time when it
isundated, but subject to the provisions of of
the
wassigned;2023 oral evidence of its Bharatiya
not be Sakshya
contents shall
Adhiniyam,

Explanation.
-
.-For the purposesof of this
section:
received.

An acknowledgment may be
(a) sufficient
snecify the exact nature o though it
the property or right, omits to
that the time for or avers
payment, delivery,
enjoyment has not yet comme or is performance or
to pay, deliver, perform or
accompanied by a refusal
with a
claim to set-off, or
permitto enjoy, or
is addressed
is coupled
to a person
than a person entitled to the other
property or right;
The word "signed"
(b)
means
an agentduly authorized insigned either personally
this behalf; and
or by

(c)
An application for the
execution of a decree or
not be deemed to order shall
be an application in respect of
property or right. any

Important Principles of Section 18 of the Limitation Act:

Written Acknowledgement. -Acknowledgement of liability
be documented and signed. must

Timeline: This acknowledgement must

occur within the
original limitation period.
Effect on Limitation Period: Upon acknowledgement,
limitation a new
period COmmnences from the date of
acknowledgement.
Who Can Acknowledge: The debtor or an authorised agent
must sign the acknowledgement.
These requirements are crucial, ensure that
as they
acknowledgement is deliberate and documented, preventing
frivolous or unintentional admissions from affecting limitation
periods.

Essentials of a Valid Acknowledgement Under Section 18

To successfully invoke Section 18, the following elements must be

met:
146 CIVIL PROCEDURE CODE AND
LIMITATION ACT
• Existence of Liability:The
The UNITV
current liability owed to acknowledgement
another party. must
Written and Signed
insufficient. The law
the debtor or their authorised

Within
Format:
requires

the Limitation Period:

it to
,
beinacknowledgement
agent.
writing and
and
recognisea

signedby

before the expiration of the limitation

Acknowledgement must
afterwards, it won't revive the claim oCCur
or debt.
iacknowledged
Absence of Conditionality:
unqualified or absolute. WhileAcknowledgement
doesn't need toshould be
it

promise to pay, the debtor must not set contain a

conditions for
r
the obligation.
fulfilling

Section19: Payment as an
Acknowledgement.-In
written acknowledgement, addition to
Section 19 provides that
on a debt or payment of interest on a partial
legacy can also payments
limitation period, provided it is resetthe
acknowledged by the debtore
signature. This provision
recognises that
actual
form of acknowledgement of the payments serve as a
existing debt, effectively refreshing
the limitation period from the payment date.

Case Law:

Case of S. Natarajan v Sama

In the
Dharman, (2021) 6 SCC [Link]
Supreme court held that a cheque itself is a
promise to pay even in
case the liability of debt is
time-barred. In the matter, a balance sheet
was produced which was prepared every
year after the loan
advanced where the depositedamounts
were [Link] court held
this to be a valid form of
acknowledgement under Section 18 of the
Act.

Conclusion.-Acknowledgement under
Section 18 of the
Limitation Act, 1963 serves as a vital
mechanism for balancing the
strict timelines for legal with the need for fairness
actions
debt-related matters. By resetting
the limitation period upon a
debtor's acknowledgement, the statute protects plaintiffs from
defendants who might delay payment without
actually intending to
avoid the debt. This provision encourages ethical
behaviour, deters
misuse of the limitation bar, and allows
plaintiffs a reasonable
opportunity to claim their rights.
 CIVIL PROCEDURE CODE AND
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Prescription. (December 2022) 6 Marks.

Q.13.
Act of 1963covers both
The Limitation thelaw of
The law of limitation andthe
[Link]
lawof prescription is a part
the law limitation is a part of
substantive
while of
law, adjective law.
Law of prescription
The law of presCription 1S
the process of acquiring a
through title to
possession for
for a
property specified period.
The possession must
be peaceful, open,
exclusive. continuous, and

• The possession must not be

forcible,
clandestine, or
permissive.
The owner must not
have taken any action against the
possessiOn, even if they were aware of it.

Acquisition of OwnershiP by Possession is provided under

he Limitation Act, 1963 by Sections 25, 26 and 27

Section 25 -Acquisition of
easements by prescription.
Section 26- Exclusion in favour of reversioner of
servient
tenement.
• Section 27 - Extinguishmentof right to property.
Section 25: Acquisition of easements by prescription.-(1) Where
the access and use of light or air to and for any building have been
peaceably enjoyed therewith as an easement, and as of right, without
interruption, and for twenty years, and where any way or
watercourse or the use of any water or any other easement (whether
affirmative or negative) has been peaceably and openly enjoyed by
any person claiming title thereto as an easement and as of right
without interruption and for twenty years, the right to such aco
and use of light or air, way,watercourse, use of water, or other
easement shall be absolute and indefeasible.

(2) Each ofthe said periods of twenty years shall be taken to be a

the institution of the suit
period ending within two years next before
wherein the claimn to which such period relates is contested

(3) Where the over which a right is claimed under

property
that sub-section shall be
sub-section (1) belongs to the Government
"thirty years" we
read as if for the words "twenty years" the words
substituted.
148 CIVIL PROCEDURE CODE AND LIMITATION ACT
UNIT V
Explanation.-Nothing isan an interruption within
the
this section, unless where there is an actual meaning of
discontinuance
possession or enjoyment by reason of an obstruction by of
the the
some person otherthan the claimant, and unless such
obstruction is
submitted to oracquiesced in for one year after the claimant
thasnotice
thereof and oftheperson making or authorizingtthe same to
be made.
Section 26: Exclusion in favour of reversioner of
tenement.-Where any land or water upon, over or from, servient
which
easement has been enjoyed or derived has been held under any
virtue of any interest for life or in terms of years exceeding
threeyears
from the granting thereof, the time of the eenjoyment of such
easement
during the continuance of such interest orterm shall be
excluded in
the computation of the period twenty years in case the claim is
within
three years next after the determination of such interest Or
term,
resisted by the person entitled on such determination to thesaid lard
or water.

Where any easement has been or derived by virtue of life

enjoyed
interest or in terms exceeding3 yearS,the time of enjoyment of such
easement during the continuation of such interest, such timeperiod is
to be excluded in computation of 20 years under Section 25.

Section 27: Extinguishment of right to property.-At the

determination of the period hereby limited to any person for
instituting a suit for possession of any property, his right

property shall be extinguished.

Q.14. X the debt from Y under oral terms. X gives a written
takes
acknowledgement, after the expiry of two years. Then he
pleads sorry for not paying the debt yet. Determine the
validity of acknowledgement. (June 2022)6
Marks.
OR
Q.15. Rakesh taken debt from Santhosh under oral terms.
Rakesh
gives a written acknowledgement, after
the expiry of two
years. Then he pleads sorry for not paying
the debt yet.
Determine the validity of acknowledgement.
(December
2021) 6 Marks.

Issue.-Whether written
acknowledgement of Rakesh(x in
problem No14) is valid after the expiry
of two years.
Valid Acknowledgement under Section 18:
Section 18 of Indian
Limitation Act lays down:
 PROCEDURE CODE AND LIMITATION
CIVIL
V ACT
UNIT 149

before the expiration ofthe

prescribed period
in respect of forasuit
or application any property or
of liability in right, an
acknowledgement respect of such
has beern made in writing signed property or
right by the party
whom such property or right is claimed, or by any against
through whom
he derives his title or person
liability, a fresh
be period of
limitation shall computed from the time
when the
acknowledgement was so signed.
Where thewriting the acknowledgement is undated
containing
oral evidence may be given of the time when it was
signed; but
subiect to the provisions of the Indian Evidence Act.
[Link]
evidence of its contents shall not be received

Explanation added to Section 18 says "an acknowledgement

(a)
nay be though it omits to specify the exact nature of the
sufficient

property or right, or avers that the time for payment,

delivery,
nerformance or enjoyment has not yet comne or is aCcompanied by a
refusal to pay, deliver, pertorm or permit to enjoy, or is coupled with
a claim to set off, or is
addressed to a person other than a person
entitled, to the property or right."

So,where the prescribed period for suit or application in respect of

some property or right has begun to run but has not expired, an
acknowledgement in writing of such right has been made, a fresh
period of limitation should be computed from the time when the
acknowledgement was so signed.
In the Case of Hindustan Ayparel Industries v Fair Deal Corp. New
Delhi AIR 2000 Guj 261it was held that "the payment of cheque which
is dishonoured would amount to acknowledgement of debt and
liability and by necessary consequence there will be saving of
Imitation as envisaged by Section 18 of Limitation Act. A cheque
would prima facie amount to an admission of debt unless contrary
intention has been expressed by the person issuing the cheque."
The principle on which Section 18 and case law is based on that the
bar of limitation should not be allowed to operate in cases in which
the existence of a claim is acknowledged by persons who are under
the liability.
Conclusion.-In this case Rakesh has given written
acknowledgement regarding the debt taken from Santhosh, eventhe
law
expiry of 2years. Based on Section18 of the limitation act and case
the bar of íimitation should not be allowed to operate in the above
problem in which the existence of a claim is acknowledged by Rakesh.
So, Rakesh is liable to pay debt. Rakesh acknowledgement is valid.
150 CIVIL PROCEDURE CODE AND
LIMITATION ACT
UNIT V
0.16. Kiran seeks condonation of of
delay for not
appeal within the period of preferring
because of
in his marriage. Is it condonable?
(December20 engrossing
2021) 6Marks.
It is condonable.

[Link] seeks condonation of delay for not

within the period of limitation because of preferring in
engrossinginhis appeal
is condonable as per the Limitation Act.
marriage it

In respect of appeals and applications, however,the

1963 provides for extension of time and limitation act,
consideration of
filing appeals and applications. Section 5 provides that delay in
appellant or applicant satisfies the court that he had where the
cause" for not preferring a
appealor making application, the "sufficient
court ma
condone delay and hear the case on merits.
Q.17. Ketan is a tenant in the house of sameer
for last
Sameer is now in need of the house for his 30 years.
own
He has filed a petition for eviction occupation.
against ketan. Ketan
contends that he has become owner by adverse
Decide. possession.

Ketan cannot become the owner of the property

by adverse
possession.

When ketan is residing in the house

of sameer in the capacity of
tenant for 30years he remains as
tenant as long as he live in that
property so he cannot claim ownership
by adverse possession. Since
sameer being the ownerof the house and
he is in need of the samefor
his own occupation he will
succeed as in the eviction petition filed
against ketan.

Under adverse possession a person

who has been in possession of
the property for more than
12 years without any interruption or
interference by any person or person
claiming to be the owner of the
property said to have acquired the adverse possession of he
property.

Q.18. Right to sue arises to 'x during his minority. 'Xdies one day
after attaining majority. He is succeeded by his son ^Y who 15
a minor. Determine the effect on the period of limitation.b
Marks.

Issue.-whether limitation is extended till the become

minor son
major.
 CIVIL PROCEDURE CODE AND I
LIMITATION ACT
V
UNIT 151
begins to run
Ans.-Generally,
the Indian
But
) limitation
Limitation
Thus,
Actiitself
fromthe
provides
[Link] a case where
date
certain
of
cause of
action.
principle. wherethe exceptions
othisgeneral somelegal aggrieved party
with disability, the period of is
suffering the accrual of the cause of limitation does
the date of
not
run from on which the disability
action but
runs from a
date,
subsequent and 8 of Indiarn Limitation ceases. In this
Sections
6, 7 Act are
the connection
form
form one counterpart
unitedly unit. The of each
other and they general rule
is provided by Section 6 which reads as regarding below:
..
disability

Where a person entitled

the execution
to institute
suit or a

is atthetime make an
foor of
application decree
the prescribed period is to be reckoned, a from which
minor or
idiot,he may institute the suit
suit or insane, oran
make the
the same period after the disability application within
herwise have been allowed has ceased, as would
from the time specified
in thethird column of the schedule. there for

• Where such person is, at the

the time from which
the prescribed
period is to be reckoned, affected
by two such disabilities,
[Link] his disability has or
ceased, he is affected by
disability, he may institute another
the suit or make
the same period after both application within
disabilities have ceased as
otherwise havebeen allowed would
from the time so specified.
Where thedisability continuesup to
the death of that
legal representative may institute the suit or person
make
his
application within the same period the
after the death, as would
otherwise have been allowed
from the time so specified.
Where the legal representative
referred to in sub-section (3) is at
the death of person to whom
he represents, affected by any of
such disabilities the rules
contained in sub- sections (1) and
(2)
shall apply.
Where a person under disability,dies after the disability ceases
but within the period allowed
to him under this Section, his
legal representative may institute the suit or make the
application within the same period after
the death, as would
otherwisehave been available to that
person had he not died.
Conclusion,-In the above problem 'x dies
after becoming major.
When'x
becomes major thelimitation starts. But after his death the
period of limitation doesnot run
till his legal heir'y'
becomes major.