PPT: The Limitation Act 1963 | Civil Law for Judiciary Exams PDF Download

 Page 1


Understanding 
the Law of 
Limitation
Page 2


Understanding 
the Law of 
Limitation
Doctrine of Limitation and Prescription
Key Considerations
Non-exercised rights are 
deemed non-existent. 
Property-related rights 
should not remain 
uncertain.
Purpose
Prevents perpetual 
litigation. Ensures equity 
and justice. Establishes 
timeframes for seeking 
remedies.
Statute Focus
Prevents lingering 
disputes. Serves public 
interest. Provides 
framework for timely 
remedies.
Page 3


Understanding 
the Law of 
Limitation
Doctrine of Limitation and Prescription
Key Considerations
Non-exercised rights are 
deemed non-existent. 
Property-related rights 
should not remain 
uncertain.
Purpose
Prevents perpetual 
litigation. Ensures equity 
and justice. Establishes 
timeframes for seeking 
remedies.
Statute Focus
Prevents lingering 
disputes. Serves public 
interest. Provides 
framework for timely 
remedies.
Legal Remedies and Public Policy
Purpose of Legal Remedies
Address harm resulting from legal injury. 
Encourage timely action. Discourage stale 
claims.
Two Aspects of Statutes
Extinguishment of right if not claimed 
within specific time
Barring claims without affecting rights, 
which remain moral obligations
Page 4


Understanding 
the Law of 
Limitation
Doctrine of Limitation and Prescription
Key Considerations
Non-exercised rights are 
deemed non-existent. 
Property-related rights 
should not remain 
uncertain.
Purpose
Prevents perpetual 
litigation. Ensures equity 
and justice. Establishes 
timeframes for seeking 
remedies.
Statute Focus
Prevents lingering 
disputes. Serves public 
interest. Provides 
framework for timely 
remedies.
Legal Remedies and Public Policy
Purpose of Legal Remedies
Address harm resulting from legal injury. 
Encourage timely action. Discourage stale 
claims.
Two Aspects of Statutes
Extinguishment of right if not claimed 
within specific time
Barring claims without affecting rights, 
which remain moral obligations
Significance of Limitation Act
Based on Public Policy
Sets timeframe for legal remedies for 
general welfare.
Ensures Timely Remedies
Fixes a lifespan for legal actions.
Procedural Nature
Limitation laws are procedural, not 
substantive.
Continuing Rights
While remedy may be barred, right 
continues to exist.
Page 5


Understanding 
the Law of 
Limitation
Doctrine of Limitation and Prescription
Key Considerations
Non-exercised rights are 
deemed non-existent. 
Property-related rights 
should not remain 
uncertain.
Purpose
Prevents perpetual 
litigation. Ensures equity 
and justice. Establishes 
timeframes for seeking 
remedies.
Statute Focus
Prevents lingering 
disputes. Serves public 
interest. Provides 
framework for timely 
remedies.
Legal Remedies and Public Policy
Purpose of Legal Remedies
Address harm resulting from legal injury. 
Encourage timely action. Discourage stale 
claims.
Two Aspects of Statutes
Extinguishment of right if not claimed 
within specific time
Barring claims without affecting rights, 
which remain moral obligations
Significance of Limitation Act
Based on Public Policy
Sets timeframe for legal remedies for 
general welfare.
Ensures Timely Remedies
Fixes a lifespan for legal actions.
Procedural Nature
Limitation laws are procedural, not 
substantive.
Continuing Rights
While remedy may be barred, right 
continues to exist.
Application of Limitation Act
Plaintiff vs. Defendant
Applies to suits by plaintiff, not to rights set up by defendant in defense.
Defense Rights
Defendants can raise defenses not available to them as plaintiffs.
Legal Framework
Limitation Act of 1963 governs time limits in legal proceedings in India.