Section-3 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;
View Previous | View Next