Nikhila Divyang Mehta vs Hitesh P. Sanghvi 2025 INSC 485 - CPC - Rejection Of Plaint - Limitation Act - Declaration Suit
Limitation Act 1961- Section 3 - Every suit instituted after the period prescribed under the Act shall be dismissed even if limitation has not been set up as a defence. The aforesaid provision is of a mandatory nature and cannot be ignored by the courts even if not pleaded or argued by the defence. It is obligatory upon the court to dismiss the suit if it is, on the face of it, barred by limitation. The aforesaid provision has been enacted for public good and to give quietus to a remedy after lapse of a particular period, as a matter of public policy, though without extinguishing the right in certain cases. Therefore, once a limitation prescribed for instituting a cause of action expires and even if limitation is not set up as a defence, it obliges the court to dismiss the suit as barred by limitation. (Para 26) When suit is ex-facie barred by limitation, no evidence is required to be adduced by the parties. (Para 27)
Code of Civil Procedure 1908 - Order VII Rule 11 - When the other reliefs are dependent upon the first relief and cannot be granted until and unless the plaintiff succeeds in the first relief, once the plaint or the suit in respect of the main relief stands barred by time, the other ancillary relief claimed therein also falls down. (Para 29)
Limitation Act 1961- Article 58 - The limitation for filing of the suit under Article 58 is three years is from the date when the cause of action first arose. (Para 24)
