Limitation

Dear Sushiji, it all depends on the nature of your case but if it is for suits relating to Miscellaneous matters you can rely on Article 100 of the Limitation Act 1963.

There are different types of matters in "misc cases".  On a generalised average the limitation period would not exceed 3 years. 

For a detailed schedule, kindly refer to the provisions & schedule under the Limitation Act.

"period of limitation" means the period of limitation prescribed for any suit, appeal or application by the Schedule, and "prescribed period" means the period of limitation computed in accordance with the provisions of the Limitation Act.

Keep Smiling ... HemantAgarwal

9820174108

I agree with Mr. Hemant Agarwal. There can be variety of misc. cases for which limitation may also vary.

Why only 3 yeras, there are period of limittion from 1 year to 12 yeras extending up to 30 years under Chapter IX of the LA, but those are specific head covered by limitation period.Our friend wish to restore a misc case and unless they are covered specifically by those head of limitation period under chapter IX of the LA in the schedule, in my humble opinion it will fall under Article 100 that is for restoration of misc case.If I am wrong please ignore it.

I dont trhink that it is proper to generalized the period of limitation as each matter is specifically provided under different head and where no such matter is provided for in the article residuary article take care of such contingency.

MR. BHATIA,

What do you mean by " to restore a Misc Case " ?

As per my knowledge, in each and every Act, in the " RULES"  it is prescribed a " Period " for "RESTORATION" of  a  "CASE", either for dismissed on default or for any other reasons.

As per my knowledge, the "MAXIMUM" period granted for "RESTORATION"  in "RULES / ORDERS" of every  "ACT" is not more that "THIRTY (30) DAYS".  

And, after the Prescribed Period of ' Thirty Days ' only, the  "LIMITATION ACT" is applicable for "CONDONATION OF DELAY", and Condonation of Delay is a ' matter of descretion of the Court' .  

Further, as per my knowledge, there is no " Period of Limitation " prescribed for aggrieved persons. 

Dear Aejazji, yes, you have raised a very relevant point. Now article 100 speak about "To alter or set aside any decision of a civil court in any proceedings.... Now if a proceedings under guardians and wards act/Succession certificate/Religious endowment Act etc are stayed can we not invoke article 100? Ofcourse our friend Sushilji, has not mentioned his subject matter but simply says restore misc case, and he may come forward and explain his grievances for all of us.

Dear,

     I appreciate your humble contribution  My case related to Civil Misc case which was dissmissed in default of applicant  in year 2004 and I want to move restoration application supported with limitation act  sufficient cause prolonged illness of chronic T.B Disease

Dear Suhilji,

                               you have a serious legal problems on your shoulde for you client. Can you kindly clear your position why default was caused and the subject matter of default? Dismissal is not the end you know that.

My case for restitution of possession u/s 144 CPC which was dissmissed in dsefault of applicant  the appellate court set aside order of lower court where my client was dispossed The appellate order was confirmed by the Honble high court.