Short Essay on the Limitation Act in India – The interest of the state requires that there should be limit to litigation. This maxim is essence of Law of Limitation. In the absence of which cases will go on and on and dispute, controversies will become immortal.
Law of Limitation is based on public policy, which simply prescribes that remedy could be availed only up to a certain period and not subsequently.
Limitation Act was enacted in 1963. The Act provides for the limitation of suits, appeals and applications, extension of prescribed period in certain causes, legal disability, computation of period of limitation, effects of limitation, acquisition of ownership by possession etc.
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Fundamental principles on which Law of Limitation is based are:—
(a) Delay defeats equity.
(b) Courts help those who are vigilant.
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(c) The right not exercised for long time is non-existence.
(d) Rights in property and in general should not be in a state of constant uncertainty, doubt and suspense.
(e) Fixed life span for the legal remedy and claims are extinguished or ought to be held extinguished whenever they are not litigated within the prescribed period.
Limitation Act applies only to an action in a Civil Court by way of suit or an application but not on writs.
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In State of Rajasthan v. Rikhabchand, AIR 1966 Raj 213, Rajasthan High Court observed that the rules of Limitation are intended to induce the claimant to be prompt in claiming relief and in avoiding unexpected delay and latches.