Limitation Act, 1963
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;