Legal Question in Civil Rights Law in India

Limitation - Prescribed Period of Limitation

Petitioner filed a civil proceedings against respondent in the court, having no jurisdiction. Respondent filed objection asto jurisdiction of the court. Later, petitioner advocate submitted I.A. - application under order 7 rule 10 (1) of C.P.C. in the court praying to order for return of the petition for presentation to the jurisdictional court on 28.02.08. Court allowed I.A. and on 07.03.08 hearing day court decision that ''the petition is ordered to be retuened to the petitioner to file it in a proper court having jurisdictioin''. Later petitioner taken back the plaint from the same court on 31.05.08 and filed in jurisdictional court on 18.06.08 and this court issued notice to respondent to appear at court on 02.08.08 - 1st hearing. Now, please kindly clarify - is there any limitation to the petitioner to take back the plaint from the decision court, and to file it in a proper court ? Here in the case does it not cross the limitation period ? there must be some prescribed, specific period of limitation here. If so please mention and please give some citation also.


Asked on 8/22/08, 3:11 pm

2 Answers from Attorneys
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Limitation - Prescribed Period of Limitation

The law of limitation will apply to the first institution of suit; if the plaint is withdrawn for institution in a different court, the law of limitation would apply to the case when the plaint is instituted again in proper court.

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Answered on 8/22/08, 9:54 pm
Seema Bhartiya

Re: Limitation - Prescribed Period of Limitation

Thanks for referring an interesting question of law involved in the matter. I had carefully gone into the facts narrated by you in your reference.

lIMITATIOBN PERIOD IS APPLICABLE TO FIRST CASE FILED. IF FIRST CASE IS FILED WITHIN LIMITATION PERIOD ,THEN AFTER THE RETURN OF PLAINT IT MUST BE REFILED IMMEDIATELY. AS YOU SAY THAT IA RAYING FOR RETURN OF PETITION FOR FIING IN APPROPRIATE COURT FILED ON 28/2/08AND ON 07/03/08 IA WAS ALLOWED TO PETITIONER , PETITION WAS TAKEN BACK ON 31/05/08 AND FILED IN JURISDITIONAL COURT ON 18/06/08. IN PRESENT REFERENCE PETITIONER DID NOT TAKE BACK AND REFILE THE PETITION IMMEDIATLY. LIMITATION PERIOD IS APPLICABLE TO FIRST FILING . NO FRESH LIMITATIOIN PERIOD IS GIVEN FOR REFILING . ONCE LIMITATION PERIOD COMMENCES , IT CAN NOT BE STOPPED .IF LIMITATION PERIOD HAS BEEN EXPIRED BEFORE REFILING , IT IS BARRED BY LIMITATION.

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Answered on 8/22/08, 10:57 pm


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