Limitation period for filling of civil suit
sandeep rane
(Querist) 31 October 2012
This query is : Resolved
What is the limitation period for filling of fresh Civil suit on the Same cause action when earlier suit has been withdraw with liberty of the Court to file fresh suit on the same cause of action and order of the court does not say anything about the time limit and it only says that suit is allow to withdraw with liberty to file fresh suit on the same cause of Action.please give concern sec tion of law.
I want true information because some lawyer told me that there is no limitation period and some told there is limitation period
Ravikant Soni
(Expert) 31 October 2012
Please go thru Order 23 rule 2.
The limitation runs as if the first suit which is withdrawn had not been instituted.
Ravikant Soni
(Expert) 31 October 2012
But there is a contrary provision in limitation act sec 14 (3)
Notwithstanding anything contained in rule 2 of Order XXIII of the Code of Civil Procedure, 1908 (5 of 1908), the provisions of sub-section (1) shall apply in relation to a fresh suit instituted on permission granted by the court under rule of that Order, where such permission is granted on the ground that the first suit must fail by reason of a defect in the jurisdiction of the court of other cause of a like nature.
Devajyoti Barman
(Expert) 01 November 2012
The limitation period would run from the last date of cause of action.
