Important Sections and Provisions in the Limitation Act

The Limitation Act, 1963 provides a time limit for various legal actions, ensuring that disputes are resolved in a timely manner. Here are the important sections and provisions in the Limitation Act that you should focus on for the law optional subject:

1. Section 3 - Bar of Limitation
- This section establishes that any suit, appeal, or application that is time-barred will be dismissed.
- It emphasizes the importance of initiating legal action within the prescribed time limit.

2. Section 4 - Expiry of Prescribed Period When Court is Closed
- This section states that if the prescribed period for filing a suit, appeal, or application expires when the court is closed, the action can be taken on the next working day.
- It prevents the denial of justice due to the closure of the court.

3. Section 5 - Extension of the Prescribed Period in Certain Cases
- Section 5 allows for the extension of the prescribed period in specific situations, such as when the plaintiff is a minor, of unsound mind, or under a mistake as to the defendant's identity.
- It provides relief to individuals who may not be able to initiate legal action within the standard time limit.

4. Section 9 - Continuous Running of Time
- This section explains the concept of the "continuous running of time" and states that once the period of limitation has started, it will continue to run uninterrupted.
- It helps in determining the exact period within which legal action needs to be initiated.

5. Section 14 - Exclusion of Time of Proceeding Bonafide in Court Without Jurisdiction
- Section 14 excludes the time taken in bonafide proceedings from the overall limitation period.
- It prevents the delay caused by proceedings conducted in a court without jurisdiction from affecting the time limit for initiating legal action.

6. Section 18 - Effect of Fraud or Mistake
- This section provides for the extension of the limitation period in cases where the plaintiff has been prevented by fraud or mistake from discovering the cause of action.
- It ensures that individuals are not deprived of their right to seek legal redress due to fraudulent or mistaken actions by the defendant.

7. Section 27 - Exclusion of Time in Legal Proceedings
- Section 27 excludes the time taken in legal proceedings, which are prosecuted in good faith and with due diligence, from the overall limitation period.
- It allows for the exclusion of time spent in legal proceedings from the calculation of the limitation period.

Overall, a thorough understanding of these important sections and provisions in the Limitation Act will provide a solid foundation for the law optional subject and help in analyzing and applying the Act effectively.