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Limitation Period

/ˌlɪmɪˈteɪʃən ˈpɪəriəd/

Civil Law Term

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Definition

The maximum time period within which a legal action must be brought after the cause of action arises. After expiry, the right to sue is extinguished. Governed by the Limitation Act, 1963. Common periods: 3 years for contract suits, 12 years for suits on immovable property, and 1 year for certain tort claims. Extensions available in cases of fraud, mistake, disability, or acknowledgment of debt.

Etymology

Legal term with origins in Latin, Anglo-French, or Old English legal tradition, later codified in Indian law.

Examples

A creditor must sue for recovery of a loan within 3 years from the date the debt became due. Filing on the 4th year renders the suit barred by limitation.

A person who discovers fraud affecting their property can file within 3 years of discovery — limitation runs from the date of discovery, not the date of the fraudulent act.

Case Study

The Supreme Court in State Bank of India v. B.S. Agricultural Industries (2009) held that when a suit is filed beyond the limitation period, the court has no option but to dismiss it even if no plea of limitation was raised by the defendant — courts can take limitation suo motu.

Key Cases

Popat and Kotecha Property v. State Bank of India Staff Association

2005

(2005) 7 SCC 510

Courts must examine limitation as a preliminary issue. A suit filed after limitation period is barred even if the claim is meritorious on merits. Limitation bars the remedy, not the underlying right.

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Also Known As

statute of limitationstime bar

Synonyms

statute of limitationsprescriptive periodtime barfiling deadline

Antonyms / Opposites

timely filingwithin limitation

Related Terms

Limitation Act 1963cause of actionacknowledgment of debtSection 5 Limitation Actcondonation of delay

Dictionary Entry

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