Article 100: (Arts. 13 and 14 of the Act of 1908):
The period of limitation for a suit to alter or set aside any decision or order of a Civil Court in any proceeding other than a suit or any act or order of an officer of Government in his official capacity is one year and the time of limitation starts to run from the date of the final decision or order by the Court or the date of the act or order of the officer, as the case may be.
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ADVERTISEMENTS:
A suit in which a question is raised as to whether the summary decision or order of Civil Court under any particular law was rightly given or not and the suit is merely set aside such decision or order is governed by the first part of the Art. 100. In view of Section 12 and Art. 100 of the Limitation Act in order to set aside an order passed by Court within jurisdiction the suit must be filed within one year of the final decision or order otherwise it will be barred by limitation.
When a suit is filed for setting aside any act or order passed by an officer passed in his official capacity, then the second part of Art. 100 is attracted. The term ‘act or order’ contemplated in the second part of Art. 100 is one which would be valid unless set aside and to entitle the plaintiff to get the relief it must be necessary to have the order set aside. When there is no need to set aside the order for whatsoever the reason, the second part of Art. 100 will not apply. ‘Act’ or ‘Order’ referred to in the second part of Art. 100 must, necessarily refer to the executive act o)’ administrative act.
In Anok Singh v. Nagina Ram, (AIR 1952 Pepsu 55), it has been held that the limitation period under Art. 100 commences to run from the date of the final decision or order by the Court where the suit is to alter or set aside any decision or order of a Civil Court and from the date of act or order of the officer where the suit is to alter or set aside any act or order of the Officer of Government in his official capacity and the period of limitation is one year.