Law: Limitation Act, 1908

Section: 3 to 24

Law: Civil Procedure Code, 1908

Section: 144 & 151

(a) Limitation Act (IX of 1908)-------Ss. 3 to 24---Limitation---Equitable considerations---Applicability--�Principles--- Extension of limitation---Inherent jurisdiction of Courts, exercise of---Scope---Law of limitation is a valid piece of legislation, and has to be strictly construed and enforced by the Courts of law, as it is--�Where period of limitation for an action is provided by law, equitable considerations cannot be attracted, applied and adhered to, against the express provisions of the limitation, so as to override, defeat and nullify the law---It is the duty of the Courts under S.3 of Limitation Act, 1908, to apply relevant and correct provisions of Limitation Act, 1908, on the basis of the admitted facts of the case, irrespective, whether the concerned party has raised the plea or not---Such duty enjoined upon the Courts is not restricted to those exercising the original jurisdiction, rather S.3 of Limitation Act, 1908, would be attracted and applied at all the stages and the forums before which the lis comes for consideration; may it be in appeal, revision or even Constitutional jurisdiction---Where period of limitation for any remedy has lapsed, the doors of justice are closed and the plea of injustice and hardship cannot be set out as a ground to seek the extension of limitation---Courts can neither grant extension or exclude time from specific period of limitation, except where a case squarely falls within the purview, ambit and mischief of Ss.4 to 24 of Limitation Act, 1908---Such extension of limitation cannot be allowed by Court while exercising inherent jurisdiction. (b) Civil Procedure Code (V of 1908)------Ss. 144 & 151---Limitation Act (IX of 1908), S.3---Restitution of position prior to variation of decree---Limitation, extension of---Inherent jurisdiction of Courts--- Applicability---It is inherent power of Court to restore and put back a party to a position where it stood before execution of decree which had been reversed or modified by higher forums---But when such power has been embodied in specific and express provision of law, such as S.144, C.P.C., the inherent jurisdiction under S.151, C.P.C. cannot be resorted…