Limitation act

Limitation Act

Introduction to the Limitation Act

The Limitation Act is a law that prescribes the maximum period within which a person can file a lawsuit or seek legal remedy in a court of law. The main purpose of this law is to ensure that legal claims are made within a reasonable time, preventing indefinite delays that could affect the fairness of the judicial process.

In India, the Limitation Act, 1963 governs civil cases, while criminal matters have separate limitation provisions under various statutes. The period of limitation varies depending on the nature of the claim, such as recovery of money, property disputes, contracts, or suits for damages. Once the prescribed period expires, the legal claim is said to be “time-barred,” and courts generally refuse to entertain it.

Objectives of the Limitation Act

  1. Ensure Timely Justice: Encourages parties to assert their rights promptly to avoid the fading of evidence and memories.
  2. Prevent Stale Claims: Protects defendants from old claims where evidence may no longer be reliable.
  3. Promote Certainty and Finality: Establishes a fixed timeframe for filing lawsuits, giving legal certainty to both claimants and defendants.
  4. Encourage Diligence: Motivates parties to act responsibly and avoid unnecessary delays in seeking legal remedies.
  5. Reduce Burden on Courts: Helps in minimizing long-pending cases, making the judicial system more efficient.