Traditionally, all the common-law countries have been treating the laws of limitation, even in the context of International Litigation as ‘procedural’ whereas in the civil law systems limitation laws are treated as ‘substantive’. In the countries treating the limitation law as ‘procedural’, the legal remedy gets barred after the expiry of the period of limitation, gets barred while the right still remains notionally. But in the countries which treat the limitation law as ‘substantive’ the substantive right also gets extinguished in addition to the extinguishment of the judicial remedy.
Where cause of action arose in Australia, a civil law country, and limitation expired according to Australian law, can a suit be filed in India applying the common law principles - (i) if the suit is in time according to Indian law (ii) if the suit is time barred also according to Indian law ?
