WBJS Civil Judge Exam study materials
WBJS Civil Judge Exam study resources

WBJS Civil Judge Exam: Limitation

WBJS Civil Judge Exam · Work through your exam, one topic at a time.

All guide sections

Limitation

Limitation tests whether a suit, appeal or application is time-barred under the Limitation Act 1963. The key idea is that limitation bars the remedy, not the right, and the court must dismiss a barred claim even if limitation is not pleaded.

Core rules

Section 3 requires the court to dismiss a suit or appeal filed after the prescribed period. The Schedule supplies the period and starting point. A suit for possession of immovable property is generally governed by a 12-year period; money claims are usually three years from when the right to sue accrues.

Extension and exclusion

Section 5 permits condonation of delay in appeals and applications, not suits, on sufficient cause. Sections 6–8 protect legal disability. Section 14 excludes time spent in a bona fide proceeding in a court without jurisdiction. Sections 18 and 19 deal with acknowledgment and part payment, both of which must be signed and made before expiry.

Adverse possession

Section 27 provides that the right to possession extinguishes after the limitation period. Adverse possession requires actual, continuous, exclusive, peaceful and open possession with animus possidendi.

Worked example

A lends money to B in 2020. B signs an acknowledgment in 2022. The three-year period starts afresh from the acknowledgment, provided it is signed and made before the original period expired. An oral acknowledgment is insufficient.

Traps

Do not apply s 5 to suits. Do not treat acknowledgment after expiry as reviving the claim. Do not confuse limitation with jurisdiction. Do not plead adverse possession without proving continuous hostile possession.