Limitation Act,

1908
(both inclusive) every
suit instituted appeal preferred and' f
Application made after the period of limitation prescribed
therefore by the 1st schedule shall be dismissed all though
limitation has not been set up as a defence.

4. Scone of Section 3;
Provision of section 3 of limitation Act 1903 is only an
enabling provision of law to prescribe certain periods of
limitation to bring suit in a Court of' law and does not
extinguish the right in itself. It is not repugnant to injunction
of Islam. Section 3 of the Limitation Act being a procedural
provision is beyond the jurisdiction of the Shariat Bench
Court to examine its validity under Article 203.B of the
constitution.
5. Application:
This section applies to suits appeals and applications for
which a period of limitation is prescribed by the 1st schedule
to the Act.
6. Obtect of Section:
It creates a valuable right in favour of other party and
cannot defeat on flimsy grounds.
7. of Periods of Limitation:
Period of limitation means time prescribed in first schedule
of limitation Act, for filing of suits, appeals and applications to
the Court 3rd column of the first schedule provides, terminus a
quo, which means starting point of limitation.
8. Doties of The Court:
When the suit, appeal or application is filed after the period
of limitation. It has following duties.
(i)

Duty of Court to raise and decide the question of

limitation.

(ii) Duty not to proceed with a suit.

(iii) Duty to dismiss the suit.
1. Duty of Court to raise and decide the auestknt of
limitation.
It is the duly of the Court to raise and decide the question of
limitation, even if it is not raised by the parties, life question of
limitation may be one of fact or of law, if the former, the Court is not

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213

bound to got into it unless raised by the parties, and if the later the
Court is as a general rule &ound to raise and decide it although not
raised by the parties.
2.

Duty not to proceed with a writ.

It is the duty of the Court not to proceed with a suit or
application etc., if it is made beyond the period of limitation
prescribed

3.

Duty to dismiss the nit.

If the suit is brought after the period of limitation prescribed
therefore, the Court is bound to dismiss it, although defendant does
not raise the objection of limitation.

9.

How Court Can Exercise Power:

The Court can exercise the power in the following two
ways.

(i)

Suo motu.

(ii) On objection by the opposite party.

1.

Suo motu.
The Courts are bound to act suo motu where ever the suit is
instituted beyond limitation. That parties have not noticed the point
in immaterial.

2.

On objection by the opposite party.

Where the defendant raises the question of limitation in his
written statement the Court is bound to go into it. Therefore, no
objection could be taken to order rejecting objection as having been
filed beyond time prescribed by Art 158 not with standing the fact
that opposite party had Sailed to plead it specifically in pleading.