Law of Limitation is well-known all over the world as the statute of repose which fixes a period within which the party has to assert his right in the court of law. B.B. Mitra’s works on the law of limitation continues to be a well-known treatise on the subject acclaimed throughout the country as a major work on the subject. The Limitation Act is a major Act applicable to all Courts of India beginning from the Trial Courts to Appellate Courts to the High Court, and also to the Supreme Court.
Law of limitation is a statutory law for more than 100 years. The first comprehensive law enacted in 1908 having the present structure of sections being the basic law & the Schedule containing Articles specifying the period of limitation for each suit and application. By the present Act 1963, sections and the Articles in the Schedule have been streamlined. The beauty or the new legislation is that even after 50 years of enactment the same has to be amended very rarely.
This commentary envisages a thorough analysis of the law on the subject on the basis of the law that is latest and the best. Keen attention has been taken to illustrate the basic principles of the law of limitation in accordance with the latest decisions of the Supreme Court and different High Courts. Special emphasis has been laid on the fundamental principles of condonation of delay of various applications for which s. 5 of the Limitation Act has been elaborately explained and analysed under the important headings so that every aspect receives due attention. Under the various Schedules the periods of limitation in case of different actions have been specified; the party shall have to adhere to it otherwise his claim shall fail on the ground of limitation.
Limitation Act in our country is not only a Law of Limitation but also a Law of Prescription which not only destroys the remedy but also the right. The cessation of right of a party on the ground of limitation is a very well-known principle of the Law of Adverse Possession. Therefore, elaborate discussion on the Law of Adverse Possession of our country in all its various aspects is another important feature of this treatise.
| Chapter | Title |
|---|---|
| 1 | The Limitation Act, 1963 |
| 2 | Part I – Preliminary |
| 3 | Part II – Limitation of Suits, Appeals and Applications |
| 4 | Part III – Computation of Period of Limitation |
| 5 | Part IV – Acquisition of Ownership by Possession |
| 6 | Part V – Miscellaneous |
| 7 | The Schedule – Periods of Limitation |
| 8 | First Division: Suits |
| 9 | Part I – Suits Relating to Accounts |
| 10 | Part II – Suits Relating to Contracts |
| 11 | Part III – Suits Relating to Declarations |
| 12 | Part IV – Suits Relating to Decrees and Instruments |
| 13 | Part V – Suits Relating to Immovable Property |
| 14 | Part VI – Suits Relating to Movable Property |
| 15 | Part VII – Suits Relating to Tort |
| 16 | Part VIII – Suits Relating to Trusts and Trust Property |
| 17 | Part IX – Suits Relating to Miscellaneous Matters |
| 18 | Part X – Suits for which there is no Prescribed Period |
| 19 | Second Division: Appeals |
| 20 | Third Division: Applications |
| 21 | Part I – Applications in Specified Cases |
| 22 | Part II – Other Applications |
| 23 | Index |
Author Details:Â
Author – B.B. Mitra
Twenty-third Edition Edited by
M.R. Mallick, M.A., LL.B., Former Judge, High Court at Calcutta
