Section 3Bar of limitation

Section 3: Bar of limitation

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 a defence.

(2)

For the purposes of this Act,—

(a)

a suit is instituted,—

(i)

in an ordinary case, when the plaint is presented to the proper officer;

(ii)

in the case of a pauper, when his application for leave to sue as a pauper is made; and

(iii)

in 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;

(b)

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—

(i)

in the case of a set off, on the same date as the suit in which the set off is pleaded;

(ii)

in the case of a counter claim, on the date on which the counter claim is made in court;

(c)

an application by notice of motion in a High Court is made when the application is presented to the proper officer of that court.