AI Thinking...

Searching Case Laws & Precedent on Legal Query.....!

Scanned Judgements…!

Checking relevance for Union Of India VS Gopal Chandra Misra...

Union Of India VS Gopal Chandra Misra - 1978 0 Supreme(SC) 59 : The legal document states that once a Judge of the High Court resigns, the resignation is irrevocable and immutable, comparing it to an arrow shot from a bow or a bullet that has been fired and cannot be recalled. This establishes that the resignation, once effective, cannot be stopped or withdrawn, aligning with the principle that the decision is final and irreversible.Checking relevance for A. Valliammai VS K. P. Murali...

A. Valliammai VS K. P. Murali - 2023 6 Supreme 518 : Once the limitation period has commenced, it continues to run, irrespective of any subsequent disability or inability to institute a suit or make an application. This principle is established under Section 9 of the Limitation Act, 1963, and is reinforced by the interpretation of Article 54 of Part II of the Schedule, which governs the limitation period for suits for specific performance.Checking relevance for N. Adithayan VS Travancore Devaswom Board...

Checking relevance for Secretary, Ministry Of Works And Housing Government Of India VS Mohinder Singh Jagdev...

Secretary, Ministry Of Works And Housing Government Of India VS Mohinder Singh Jagdev - 1996 7 Supreme 162 : Once limitation starts running, it cannot stop until it is stopped by an order of the competent civil court or any other competent authority. This principle is explicitly stated in Para 9 of the document, which clarifies that the right to sue accrued on September 10, 1957, and the limitation period of three years began to run from that date, and could not be halted unless interrupted by a judicial or competent authority''''s order.Checking relevance for Union Of India VS West Coast Paper Mills LTD. ...

Checking relevance for Indian Evangelical Lutheran Church Trust Association VS Bala...

Indian Evangelical Lutheran Church Trust Association VS Bala - 2025 1 Supreme 297 : The legal documents explicitly state that once time has begun to run under the Limitation Act, it will run continuously and cannot be stopped by subsequent disability or inability to institute a suit, as per Section 9 of the Limitation Act, 1963. This principle is reinforced by the maxim ''''when once the time has begun to run, nothing stops it,'''' which is a foundational concept in the law of limitation. The documents confirm that the running of limitation period is not suspended by later events such as the rejection of a plaint, and the period continues to run even after the plaintiff''''s earlier suit is dismissed, unless specifically provided otherwise by law.Checking relevance for Narayan Ram S/o Sh. Phoosa Ram VS State Of Rajasthan, Through The Secretary To The Government Department Of Co-Operative...

Narayan Ram S/o Sh. Phoosa Ram VS State Of Rajasthan, Through The Secretary To The Government Department Of Co-Operative - 2024 0 Supreme(Raj) 1024 : The election process for a cooperative society, once initiated, cannot be stopped by the Election Officer without statutory authority, reinforcing the need for adherence to legislative provisions.

AI Overview...

Limitation as a Mixed Question of Law and Fact - The issue of limitation involves both legal principles and factual circumstances, making it a mixed question that requires careful judicial consideration before dismissing a suit. Courts often hold that limitation cannot be decided solely on legal grounds without examining evidence. Shivalaya Construction Company Pvt. Ltd. vs Container Corporation on India Ltd. - Delhi, Cornerstone Properties Private Limited vs Salarpuria Hi-Rise Private Limited - Karnataka, Shazia Khan VS Munazir Ali - Allahabad
Starting Point of Limitation Period - Generally, the limitation period begins from the date when the cause of action arises or when the right accrues. Once it starts, it cannot be stopped or extended unless specific provisions or exceptions apply, such as filing under a different forum or legal provisions that suspend the period. Shivalaya Construction Company Pvt. Ltd. vs Container Corporation on India Ltd. - Delhi, Microtek Leasing And Finance Pvt. Ltd. VS Nisha Chhikara - Delhi, Vijayendra Jain VS B. Swarnalatha Reddy - Telangana
Effect of Changed Forums and Legal Amendments - When the forum for filing a suit changes, the limitation period may not be deemed to have started until the new remedy is available. Amendments to limitation laws cannot revive a dead remedy or extend the period retrospectively unless explicitly provided. Antony Sahaya Sundar VS K. Vijayan - Madras
Suspension or Extinction of Limitation - Limitation cannot be suspended merely because of procedural delays or technical defects unless specific statutory provisions (e.g., Section 14 of Limitation Act) apply, which protect litigants against limitations when proceedings are initiated in good faith but are dismissed due to technical issues. National Seeds Corporation Ltd. VS Ram Avtar Gupta - Delhi
Effect of Acquittal or Termination of Prosecution - Once an acquittal or termination of proceedings occurs, the limitation period is triggered and begins to run, and subsequent filing after the expiry of the limitation period is barred. The period cannot be held in abeyance due to the termination of proceedings. Vijayendra Jain VS B. Swarnalatha Reddy - Telangana
Application of Limitation Law to Specific Cases - Courts evaluate whether the suit was filed within the prescribed limitation period, considering relevant dates such as the date of the order, dismissal, or termination of proceedings. Filing beyond this period results in the suit being barred by limitation. Kunjumol vs Ponnamma, W/o. Udayabhanu - Kerala, National Highway Authority of India vs Narayan Dass - Himachal Pradesh, Vijayendra Jain VS B. Swarnalatha Reddy - Telangana
Impact of Pleadings and Evidence - While pleadings should be read in true spirit, if the facts establish that the suit is barred by limitation, mere drafting cannot save it. The limitation issue is to be decided after considering evidence, especially when the question involves factual verification. Shazia Khan VS Munazir Ali - Allahabad, Cornerstone Properties Private Limited vs Salarpuria Hi-Rise Private Limited - Karnataka
Conclusion - The principle that limitation, once started, cannot be stopped or extended arbitrarily is well-established. Exceptions exist under specific statutory provisions, but generally, the limitation period is strict, and suits filed after the expiry are liable to be dismissed. Courts emphasize the importance of factual verification and statutory compliance in determining limitation issues. Shivalaya Construction Company Pvt. Ltd. vs Container Corporation on India Ltd. - Delhi, Antony Sahaya Sundar VS K. Vijayan - Madras, Vijayendra Jain VS B. Swarnalatha Reddy - Telangana

Limitation Period Once Started: Can It Be Stopped?

In the realm of civil litigation, time is a relentless enforcer. The question Limitation once Started Cannot be Stopped captures a fundamental legal principle that trips up many litigants. Once a limitation period begins ticking—typically from the date a cause of action accrues—it generally runs continuously without pause. This procedural bar ensures claims are pursued promptly, preventing stale disputes. But is this rule absolute? This post delves into the doctrine, supported by judicial insights and statutory nuances, to clarify when (and if) limitation can be halted. Note: This is general information, not legal advice. Consult a qualified lawyer for your specific situation.

Understanding Limitation Periods: The Basics

Limitation periods, governed primarily by the Limitation Act, 1963 in India, prescribe the timeframe within which legal actions must be initiated. For instance, suits for recovery of money often carry a three-year limit from the date of the transaction or cause of action. Gangotri Associates VS Parameshwar Dayal Sharma - 2022 Supreme(Telangana) 452 - 2022 0 Supreme(Telangana) 452 Gangotri Associates VS Parameshwar Dayal Sharma - 2022 Supreme(Telangana) 249 - 2022 0 Supreme(Telangana) 249

The core tenet is straightforward: once the limitation period begins, it runs uninterrupted unless explicitly suspended by statute or court order. As one source emphatically states: Once the limitation starts running, it cannot be stopped as per the Limitation Act. Gangotri Associates VS Parameshwar Dayal Sharma - 2022 Supreme(Telangana) 452 - 2022 0 Supreme(Telangana) 452 This underscores that parties cannot unilaterally pause the clock due to personal hardships, delays, or strategic choices.

Key Points on Continuity

Limitation runs continuously and is not automatically stoppable. Union Of India VS Gopal Chandra Misra - 1978 0 Supreme(SC) 59
Court intervention may suspend it temporarily, but only in specific scenarios. Union Of India VS Gopal Chandra Misra - 1978 0 Supreme(SC) 59
Judicial rulings reinforce that it's a strict process, interrupted solely by law. Union Of India VS Gopal Chandra Misra - 1978 0 Supreme(SC) 59

The Principle of Continuity: Once It Starts, It Doesn't Stop

The doctrine of continuity is enshrined in legal precedents. A pivotal document explains: Once time has begun to run, it will run continuously, except in certain situations. Time ceases to run when the plaintiff commences legal proceedings in respect of the cause of action in question. Union Of India VS Gopal Chandra Misra - 1978 0 Supreme(SC) 59 Here, filing a suit halts the period only during pendency, resuming post-disposal unless otherwise provided.

This principle holds firm against attempts to interrupt via subsequent events. For example: The limitation period of three years... once limitation period has commenced, it continues to run, irrespective of any subsequent disability or inability to institute a suit or make application. Union Of India VS Gopal Chandra Misra - 1978 0 Supreme(SC) 59 Even disabilities arising later do not retroactively pause it.

Supporting cases echo this. In arbitration contexts: Once limitation begins to run, it cannot be stopped. Uttarakhand Purv Sainik Kalyan Nigam Limited VS Northern Coal Field Limited - 2018 Supreme(MP) 113 - 2018 0 Supreme(MP) 113 Similarly: Once limitation starts to run, it cannot be stopped. M. Siddiq (D) Thr. Lrs. VS Mahant Suresh Das - 2019 8 Supreme 1 - 2019 8 Supreme 1 These affirm no arbitrary halts—only by force of law. Metropoli Overseas Limited VS H. S. Deekshit - 2021 Supreme(Kar) 979 - 2021 0 Supreme(Kar) 979

Court Intervention: The Rare Suspension

While the general rule is ironclad, courts wield discretion in exceptional cases. Judicial intervention can suspend limitation: Intervention of court in proceedings would prevent the period of limitation from running and date of courts’ final order would be the date for start of limitation. Union Of India VS Gopal Chandra Misra - 1978 0 Supreme(SC) 59

However, this is tied to procedural milestones, not whims. Section 14 of the Limitation Act offers relief for good-faith proceedings dismissed on technical grounds like jurisdiction defects, but not merits. Section 14(1) of Limitation Act can be applied only in case of any infirmity or defect of jurisdiction but not on the merits of the case. Gangotri Associates VS Parameshwar Dayal Sharma - 2022 Supreme(Telangana) 452 - 2022 0 Supreme(Telangana) 452 Gangotri Associates VS Parameshwar Dayal Sharma - 2022 Supreme(Telangana) 249 - 2022 0 Supreme(Telangana) 249

Post-dismissal, fresh limitation often starts from the disposal date, absent merger principles. Had the appeal been dismissed on merit, indisputably the period of limitation would have started from the date of dismissal. Tettu Basha Mohiddin, S/o Hasan Naik VS Suddapalli Seethapathi, S/o Ramaiah - 2024 Supreme(AP) 1144 - 2024 0 Supreme(AP) 1144

Exceptions and Statutory Provisions

Statutes carve narrow exceptions:- Filing Proceedings: Halts during suit pendency. Union Of India VS Gopal Chandra Misra - 1978 0 Supreme(SC) 59- Disabilities: Certain provisions (e.g., minority) may exclude time, but only prospectively. Union Of India VS Gopal Chandra Misra - 1978 0 Supreme(SC) 59- Acknowledgment or Payment: Can restart under Sections 18-19.- Force of Law: Once limitation period starts running, it cannot be stopped by any force except by force of law. Metropoli Overseas Limited VS H. S. Deekshit - 2021 Supreme(Kar) 979 - 2021 0 Supreme(Kar) 979

Changed forums or amendments don't revive barred claims retrospectively unless specified. Limitation as a mixed question of law and fact demands evidence review before dismissal. Shivalaya Construction Company Pvt. Ltd. vs Container Corporation on India Ltd. - Delhi Cornerstone Properties Private Limited vs Salarpuria Hi-Rise Private Limited - Karnataka Shazia Khan VS Munazir Ali - Allahabad

Acquittal or prosecution termination triggers fresh running; no abeyance. Vijayendra Jain VS B. Swarnalatha Reddy - Telangana

Practical Implications and Case Insights

Consider a suit for declaration of title: Once limitation starts to run, it cannot be stopped. Articles like 142/144 may not apply; Article 120 governs instead. M. Siddiq (D) Thr. Lrs. VS Mahant Suresh Das - 2019 8 Supreme 1 - 2019 8 Supreme 1

In recovery suits: No fresh cause post-prior dismissal; three-year bar from transaction. Gangotri Associates VS Parameshwar Dayal Sharma - 2022 Supreme(Telangana) 452 - 2022 0 Supreme(Telangana) 452

Pleadings can't evade facts: If barred, suits fail post-evidence. Shazia Khan VS Munazir Ali - Allahabad

The cause of action, once accrued, yields no interruptions: The cause of action if once arisen cannot be interrupted and give rise to another period of limitation. Uttarakhand Purv Sainik Kalyan Nigam Limited VS Northern Coal Field Limited - 2018 Supreme(MP) 113 - 2018 0 Supreme(MP) 113

Recommendations for Litigants

To navigate this:- Act Promptly: File within prescribed periods; track from cause accrual. Shivalaya Construction Company Pvt. Ltd. vs Container Corporation on India Ltd. - Delhi Microtek Leasing And Finance Pvt. Ltd. VS Nisha Chhikara - Delhi- Seek Extensions Judiciously: Rely on Section 14 for defective proceedings. National Seeds Corporation Ltd. VS Ram Avtar Gupta - Delhi- Document Everything: Evidence is key for mixed questions. Cornerstone Properties Private Limited vs Salarpuria Hi-Rise Private Limited - Karnataka- Monitor Forums: New remedies start fresh clocks if available. Antony Sahaya Sundar VS K. Vijayan - Madras

Timely action preserves remedies; expiry bars them irrevocably absent exceptions.

Conclusion and Key Takeaways

The edict Limitation once Started Cannot be Stopped is a cornerstone of procedural law, promoting diligence. It runs continuously post-trigger, yielding only to statutory force or targeted court orders. A. Valliammai VS K. P. Murali - 2023 6 Supreme 518 Union Of India VS Gopal Chandra Misra - 1978 0 Supreme(SC) 59

Key Takeaways:- Strict continuity unless law intervenes.- Courts suspend via proceedings, not discretion.- Exceptions are narrow; verify via evidence.- Consult professionals early to avoid time bars.

This principle, upheld across cases, reminds us: justice delayed by inaction is justice denied. For tailored guidance, engage legal experts. Stay informed, act decisively.

References

Union Of India VS Gopal Chandra Misra - 1978 0 Supreme(SC) 59: Core on continuity and court suspension.
A. Valliammai VS K. P. Murali - 2023 6 Supreme 518: Reinforces non-automatic suspension.
Gangotri Associates VS Parameshwar Dayal Sharma - 2022 Supreme(Telangana) 452 - 2022 0 Supreme(Telangana) 452, Gangotri Associates VS Parameshwar Dayal Sharma - 2022 Supreme(Telangana) 249 - 2022 0 Supreme(Telangana) 249: Direct on unstoppability.
Tettu Basha Mohiddin, S/o Hasan Naik VS Suddapalli Seethapathi, S/o Ramaiah - 2024 Supreme(AP) 1144 - 2024 0 Supreme(AP) 1144, Metropoli Overseas Limited VS H. S. Deekshit - 2021 Supreme(Kar) 979 - 2021 0 Supreme(Kar) 979, M. Siddiq (D) Thr. Lrs. VS Mahant Suresh Das - 2019 8 Supreme 1 - 2019 8 Supreme 1, Uttarakhand Purv Sainik Kalyan Nigam Limited VS Northern Coal Field Limited - 2018 Supreme(MP) 113 - 2018 0 Supreme(MP) 113: Supporting case quotes.
Additional: Shivalaya Construction Company Pvt. Ltd. vs Container Corporation on India Ltd. - Delhi, Cornerstone Properties Private Limited vs Salarpuria Hi-Rise Private Limited - Karnataka, etc., on mixed questions and starts.

#LimitationAct, #StatuteOfLimitations, #LegalTimeBar

Vijayendra Jain VS B. Swarnalatha Reddy - 2023 Supreme(Telangana) 142

The limitation has to be computed from the date of the order i.e., 17.02.2012 and mere filing of the appeal cannot affect the original acquittal recorded and it cannot, therefore, suspend the period of limitation. 5. ... 26.02.2016 is within a period of one year from that date, and as such it cannot be said at that stage that the suit is barred by limitation and that the aspect of #HL_S....

National Highway Authority of India vs Narayan Dass - 2024 Supreme(Online)(HP) 5867

In view of above and in the given admitted facts of the case, the appellant cannot gain any advantage of Section 4 of the LIMITATION ACT , as the prescribed period of limitation (three months) under Section 34 of the Act was filed on 20.02.2023. ... (j) ‘period of limitation’ [which] means the period of limitation prescribed for any suit, appeal or application by the Schedule, and ‘prescribed period’ me....

Cornerstone Properties Private Limited vs Salarpuria Hi-Rise Private Limited - 2025 Supreme(Kar) 563

However, since question of limitation is a mixed question of law and facts, the plea of limitation cannot be decided as an abstract principle of law divorced from facts. ... The contention of the plaintiffs that the period between 15.03.2020 to 28.02.2022 should be excluded while computing the period of limitation, cannot be accepted and is accordingly rejected. ... Plea of limitation ca....

National Seeds Corporation Ltd. VS Ram Avtar Gupta - 2023 Supreme(Del) 3656

which by reason of some technical defect cannot be decided on merits and is dismissed. ... The policy of the section is to afford protection to a litigant against the bar of limitation when he institutes a proceeding which by reason of some technical defect cannot be decided on merits and is dismissed. ... In the submission of the learned Senior Counsel, filing of civil writ petition claiming money relief cannot be said to....

Shazia Khan VS Munazir Ali - 2022 Supreme(All) 1408

It is submitted that the Court is under obligation to appreciate the pleading in its true spirit and if on reading the plaint and other material enclosed with the plaint that the suit is barred by limitation, the clever drafting of the plaint to bring the suit within limitation cannot save the plaint ... as provided under Article 59 of Limitation Act, 1963, therefore, the suit is barred by limitation. .......

Gangotri Associates VS Parameshwar Dayal Sharma - 2022 Supreme(Telangana) 452

Even as per the above judgment, Section 14(1) of Limitation Act can be applied only in case of any infirmity or defect of jurisdiction but not on the merits of the case. There is no fresh cause of action for the plaintiffs to file a fresh suit for recovery of alleged amounts from defendants 1 to 3. Once the limitation starts running, it cannot be stopped as per the Limitation Act. As per the Limitation Act, any suit has to be instituted for recovery of amount within three yea....

Gangotri Associates VS Parameshwar Dayal Sharma - 2022 Supreme(Telangana) 249

Once the limitation starts running, it cannot be stopped as per the Limitation Act. There is no fresh cause of action for the plaintiffs to file a fresh suit for recovery of alleged amounts from defendants 1 to 3. Act can be applied only in case of any infirmity or defect of jurisdiction but not on the merits of the case. As per the Limitation Act, any suit has to be instituted for recovery of amount within three years from the date of transaction and no suit can be institute....

Metropoli Overseas Limited VS H. S. Deekshit - 2021 Supreme(Kar) 979

He further submits that once limitation period starts running, it cannot be stopped by any force except by force of law. The relief of Declaration that the sale deeds are not binding is the primary relief, in as much as if that relief were not to be granted relief of partition and separate possession cannot be granted. Limitation period would commence running from the first cause of action.

M. Siddiq (D) Thr. Lrs. VS Mahant Suresh Das - 2019 8 Supreme 1

Articles 142 and 144 of the Limitation Act are not applicable. In a suit for declaration of title, Articles 142 and 144 do not apply and the suit is governed by Article 120. 230. Once limitation starts to run, it cannot be stopped. (i) Reliance was placed upon the decision of the Privy Council in Raja Rajgan Maharaja Jagatjit Singh v Raja Partab Bahadur Singh, (1942) 2 Mad LJ 384, where it was held with regard to the statutory period of limitation, that Article 47 does not ap....

Uttarakhand Purv Sainik Kalyan Nigam Limited VS Northern Coal Field Limited - 2018 Supreme(MP) 113

The cause of action if once arisen cannot be interrupted and give rise to another period of limitation. Once limitation begins to run, it cannot be stopped. Therefore, once the cause of arbitration has accrued to a party, such party must invoke the jurisdiction of the Court to seek appointment of an Arbitrator within three years, but by excluding 30 days’ notice period as warranted under Section 15(2) of the Limitation Act.