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Thursday, January 15, 2026

Home CIVIL Limitation Act, 1963

Sufficient Cause – Limitation – No straitjacket formula is prescribed

by PLRonline

August 29, 2021

in Limitation Act, 1963

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Limitation – Justifiably advocated adoption of liberal approach in condoning the delay of short duration and a stricter approach where the delay is inordinate

NIA S. 138 – Before summoning Magistrate is expected to examine the nature of allegations and proceed with proper application of mind – Strict compliance.

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'Sufficient cause' has to receive liberal construction, it must squarely fall within the concept of reasonable time and proper conduct of the party concerned.

Sufficient Cause – Limitation – No straitjacket formula is prescribed

Limitation – Justifiably advocated adoption of liberal approach in condoning the delay of short duration and a stricter approach where the delay is inordinate

‘Sufficient cause’ has to receive liberal construction, it must squarely fall within the concept of reasonable time and proper conduct of the party concerned.

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Limitation to file a suit for declaration is three years.

Limitation Act, 1963 S. 17 – Suit for recovery of earnest money – Limitation for recovering earnest money starts from contract non-performance or fraud discovery, not payment. Plaintiff proved fraud as the defendant had already sold the shops in question. PLRonline #2419302

CPC O. 7 R. 10(2) – Incumbent on the judge passing the order under clause (1) of the same provisions to endorse on the plaint the date of the presentation, return of the plaint, the name of the party presenting it and the reasons for returning it. [PLRonline]

'Sufficient cause' has to receive liberal construction, it must squarely fall within the concept of reasonable time and proper conduct of the party concerned.

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