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What is Bar of limitation? Section 3 of Limitation Act 1963

 
 

Bar of limitation is defined under section 3 of Limitation Act 1963. Provisions under this section is:

Section 3 of Limitation Act "Bar of limitation"

(1) Subject to the provisions contained in sections 4 to 24 (inclusive) every suit instituted, appeal preferred, and application made after the prescribed period shall be dismissed although limitation has not been set up as defense;

1. For the purposes of this Act,
1. a suit is instituted, in an ordinary case, when the plaint is presented to the proper officer;
2. the case of a pauper, when his application for leave to sue is a pauper is made; and

 
  3. the case of a claim against a company which is being wound up by the court, when the claimant first sends in his claim to the official liquidator;

1. any claim by way of a set-off or a counter claim, shall be treated as a separate suit and shall be deemed to have been instituted-

2. in the case of a set-off, on the dame date as the suit in which the set off is pleaded;

3. in the case a counter claim, on the date on which the counter claim is made in court;

1. an application by notice of motion in a High Court is made when the application is presented to the proper officer of that court;
 

Limitation Act 1963

What are the Definitions under Limitation Act 1963? Section 2 of Limitation Act 1963

What is Bar of limitation? Section 3 of Limitation Act 1963

What is Expiry of prescribed period when court is closed? What is Extension of prescribed period in certain cases? Section 4 and 5 of Limitation Act 1963

What is Legal disability? What is Disability of one of several persons? Section 6 and 7 of Limitation Act 1963

What is Special exceptions? What is Continuous running of time? What is Suits against trustees and their representatives? Section 8, 9 and 10 of Limitation Act 1963

What is Suits on contracts entered into outside the territories to which the Act extends? What is Exclusion of time in legal proceedings? Section 11 and 12 of Limitation Act 1963

What is  Exclusion of time in cases where leave to sue or appeal as a pauper is applied for? What is Exclusion of time of proceeding bona fide in court without jurisdiction? Section 13 and 14 of Limitation Act 1963

What is Exclusion of time in certain other cases? What is Effect of death on or before the accrual of the right to sue? Section 15 and 16 of Limitation Act 1963

 

 

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