THE LIMITATION ACT

LIST OF DOCTRINES

 

  S.No.

List of Doctrines

Meaning

Section Number

1.        

Doctrine of Relation Back

In case of a set off the date of filling of set off relates back to the same date as the suit in which the set off is pleaded.

Section 3

2.        

Vigilantibus et non dormientibus jura subveniunt

Law aids the vigilant and not those who sleeps over their rights

Section 3

3.        

Contra non valentem agere nulla currit praescriptio

No prescription runs against a person not able to act

Section 3

4.        

Lex non cogit ad impossibilia

The law does not compel a man to do anything vain or impossible or to do something which he cannot possibly perform.

Section 4

5.        

Actus curiae neminem gravabit

The Act of court shall prejudice no one.

Section 4

6.        

Condonation of Delay

It provides that the court can accept any appeal or application when filed after the limitation period if the appellant or applicant shows that he had a sufficient cause for not filing the appeal or application within the prescribed period.

Section 5

7.        

Doctrine of Sufficient Cause

The term ‘sufficient cause’ has not been defined in this Act.  It can be defined as a cause, which is beyond the control of the party invoking the aid of Section 5.

Section 5

8.        

Rule of Double Discretion

The court first has to satisfy itself regarding the sufficiency of the cause and secondly even if the sufficient cause is proved, the court still has the discretion to condone the delay or not by weighing the claims of both the parties.

Section 5

9.        

Aequitas legem sequitur

Equity follows the law

Section 14

10.    

Actio personalis moritur cum persona

A personal action dies with the person

Section 16

11.    

Principle of Admission

The bar of limitation should not be allowed to operate in cases in which the existence of a claim is acknowledged by persons who are under the liability. It is an admission that there is an outstanding debt.

Section 18

12.    

Rule of Prescription

Prescription refers to one type of naturalness the right to use the property of another. For this, the use of land   for   an appropriate statutory period has been     open, continuous, exclusive and under a claim of right

Section 25

13.    

Rule of Adverse Possession

If any person possesses any property in adverse to the interest of true owner and true owner fails to file a suit for recovery of possession within a period of limitation, then the person in possession becomes owner of property by way of adverse possession.

Section 27

14.    

Longa Possessio parit jus possidendi et tollit actionem vero domino

Long possession produces the right of possession and takes away from the true owner his action

Section 27

15.    

Animus Possidendi

Intention to possess

Section 27

16.    

Id certum est quod certum reddi potest

That is certain which can be reduced to a certainty

Article 113

 

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