Section 3(1) of the Limitation Act, 1963, specifically lays down that “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 a defence.”
This is the main operating provision of the Limitation Act, 1963. It is quite clear from this provision that the Limitation Act applies to the suits, appeals and applications. There is no mention of defence of the respondent in this provision.
In fact, in the case of Bajranglal Shivchandrai Ruia v. Shashikant N. Ruia, (2004) 5 SCC 272, the Supreme Court has held that although the period of limitation prescribed in the Limitation Act, 1963 precludes a plaintiff bringing a suit which is barred by limitation, as far as any defence is concerned, there is no such limitation.
In view of this, the limitation period prescribed by the Limitation Act may not be applicable to the defence to be taken by the respondent.
However, under other provisions of law (such as, under the Civil Procedure Code and/or under its Orders/Rules), a time-limit may be prescribed for filing of the defence by the opposite party.
Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.
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