LIMITATION ACT, 1963|| TUTORIAL|| JURISPRUDENTIAL ESSENCE || 2019 скачать в хорошем качестве

LIMITATION ACT, 1963|| TUTORIAL|| JURISPRUDENTIAL ESSENCE || 2019

Cause of action is a ground for filing a civil suit whenever the plaintiff has a legal right in himself and the defendant violates that legal right the plaintiff get COA i.e the civil legal right to file a civil suit. For the Limitation Act the date of COAis important as the counting of the period of limitation will start from the date of COA. There are two consequences of bar of limitation upon a suit 1. if the bar can be proved by proving evidences then the suit shall be dismisses. 2. If the bar can be proved by the pleadings in the plaint itself then the plaint shall be rejected. JURISPRUDENTIAL ESSENCE OF LIMITATION ACT THE LIMITATION ACT BEING A PART OF CIVIL LAW AND PRIVATE LAW IT DOES THE BALANCING BETWEEN THE INTEREST OF TWO INDIVIDUAL THOUGH IT ALSO HAS A LARGER SOCITAL PURPOSE. The interest of plaintiff lies in the fact that he can file suit whenever he wants but that would adversely effect the interest of the defendant. the defendant interest lies in bringing about certainty in legal relations. the dispute cannot be kept alive forever the legal rights should be settled as soon as possible. moreover with passage of unreasonable time the chance are that the evidence may be lost and COA may become stale. the balancing is done by lim