AI Overview...
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Plea of Limitation as a Legal Defense - The plea of limitation can be raised at any stage of legal proceedings, including during trial or appeal. Courts recognize that such a plea is a substantive defense that can be invoked at any time, and it is not restricted to a specific procedural stage K. Hanumantha Rao VS K. Narasimha Rao alis Narasimham - Andhra Pradesh, K. B. V. Nagabhushana Gupta VS Ramaduguvenkateswara Rao - Andhra Pradesh.
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Court's Discretion to Consider Limitation - Courts have the authority to consider and decide upon the plea of limitation even if it was not raised earlier, provided the facts support it. Evidence and circumstances can justify raising limitation as a defense at any point in the proceedings K. B. V. Nagabhushana Gupta VS Ramaduguvenkateswara Rao - Andhra Pradesh, Ramesh Kumar VS Kesho Ram - Supreme Court.
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Limitation and Procedure - The law emphasizes that technicalities should not hinder justice, and procedural flexibility allows parties to raise limitation pleas when relevant. The courts may also consider updated facts or evidence related to limitation at any stage Ramesh Kumar VS Kesho Ram - Supreme Court.
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Limitation in Specific Contexts - In cases involving property disputes, fraud, or statutory claims, the plea of limitation is often a valid and potent defense. For instance, in property cases, the limitation period can be invoked to bar claims if not filed within prescribed timeframes Kamal Mohammed vs Noorjahan (died) - Madras.
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Exceptions and Special Circumstances - Certain legal provisions or constitutional principles may restrict or influence the consideration of limitation pleas, such as constitutional bars or specific statutory exceptions ASSISTANT COLLECTOR OF CENTRAL EXCISE, I. D. O. , GUNTUR VS Andhra Fertilizer Ltd. - Andhra Pradesh.
Analysis and Conclusion:
The general principle is that the plea of limitation is a substantive legal plea that can be raised at any stage of the legal process, including during trial, appeal, or even at the stage of evidence. Courts have the discretion to entertain and decide upon it regardless of whether it was initially raised, emphasizing procedural flexibility to ensure justice. This aligns with the legal understanding that limitation is a fundamental defense that should not be barred by procedural technicalities, and it can be invoked as long as the facts support its applicability K. Hanumantha Rao VS K. Narasimha Rao alis Narasimham - Andhra Pradesh, K. B. V. Nagabhushana Gupta VS Ramaduguvenkateswara Rao - Andhra Pradesh, Ramesh Kumar VS Kesho Ram - Supreme Court.
Search Results for "Plea of Limition is a Legal Plea can be Raised any Law Time"
2025 Supreme(Online)(SC) 1427 • India - Supreme Court of India
J.B. PARDIWALA, R. MAHADEVAN, JJ
The plaintiffs sought to declare a sale deed as invalid and the amendment was contested as time barred. ... The other issues are kept open for the parties to be raised before the Trial Court in accordance with law. having gone through the materials on record, we are of the view that we should not interfere with the impugned order passed by the High Court for the simple reason that even if the plaintiffs have been permitted to amend the plaint, the issue of limitation can always be raised ... On the contrary it is submitt....
1945 0 Supreme(Mad) 334 • India - Madras
BELLIE
had not been raised in the lower Court. ... It highlighted that the provisions of Section 48 set a time-limit on execution and allow for the extension of the time limit if fraud ... Finding of the Court: The Subordinate Judge allowed evidence of fraud on appeal, considering the plea even though it ... Mohideen Sahib I.L.R.(1822) All. 319, where a Bench decided that evidence of fraud could be received and the plea taken even on appeal although it had not been specifically raised in th....
1996 0 Supreme(AP) 355 • India - Andhra Pradesh
B.K.SOMASEKHARA
the Court will have to appreciate the evidence and then apply the law.the plea made by the plaintiff in regard to his readiness ... suit would be a question of fact warranting no interference in the second appeal, is also a settled law as has been rightly supported ... plaint, the testimony of the plaintiff and the totality of the circumstances are sufficient to bring home such a requirement and the law ... Barring that this appeal has no merit in regard to other contentions raised by the learned counse....
2024 Supreme(Online)(MAD) 13683 • India - High Court of Madras
Hon`ble Mr.Justice P. DHANABAL
Other two sons Mohamed Meera Rowthar and Naina Mohamed Rowthar died issueless before the life time of Seeni Rowthar.. After demise of Seeni Rowthar his legal heirs are in joint possession and enjoyment of the property. ... than the vendor himself has and that as between co-owners, the plea of ouster cannot be readily inferred and there has to be strict proof regarding the same. ... The trial Court in the issue of limiation decided that the suit is barred by limitation and thereafter answered the other issues based on the....
2001 0 Supreme(Cal) 62 • India - Calcutta
KALYAN JYOTI SENGUPTA
The points raised by the applicants were hit by the principle of constructive res judicata as they could have been raised on earlier ... The principle of constructive res judicata applies to prevent the raising of points that could have been raised on earlier occasions ... Some of the occupants had previously tried to resist execution by setting up a plea of adverse possession unsuccessfully. ... Whether the applications made by the aforesaid applicants are barred by limition or not. 2. ... He contends ....
1991 0 Supreme(SC) 521 • India - Supreme Court
N.M.KASLIWAL, M.N.VENKATACHALIAH
course of an appeal or proceedings of revision, the Court may, having regard to the nature of the allegation of fact on which the plea ... All these depend upon the factual and situational differences characterising a particular case and the nature of the plea raised. There can be no hard and fast rule governing the matter. The procedure is not to be burdened with technicalities. ... Nor can we contemplate any limitaion on this power to take note of updated facts to confine it to the trial court. If the litigation pends,....
1986 0 Supreme(AP) 468 • India - Andhra Pradesh
P.A.CHOUDHARY, PANDURANGA RAO
( 10 ) ON the second question, there is no serious dispute that Article 226 (3) of the Constitution, as it stood then, debarred this Court from entertaining the writ petition tiled by the petitioner in September, 1977. if this argument had been raised ... It, therefore, follows that the collection of the excise duty from the petitioner by the Department is clearly unauthorised by law.
2012 0 Supreme(AP) 1017 • India - Andhra Pradesh
C.V.NAGARJUNA REDDY
SERVICE LAW - Departmental enquiry – Exceeding of time limit stipulated by Supreme Court in completing enquiry may expose management ... within the stipulated time. ... completion of disciplinary proceedings, the same would not come to a grinding halt only on the ground of their non-completion within the time ... It is only thereafter that the petitioner has raised the plea for the first time on 19-6-2001 to abandon the enquiry proceedings as the time#HL_END....
• India - Crimes
G.S.AHLUWALIA
An objection with regard to maintainability of application under Section 5’ of Limitation Act was raised. ... ... The next contention raised by the Counsel for the applicants is ... ... The next contention raised by the counsel for the applicants is
1981 0 Supreme(AP) 169 • India - Andhra Pradesh
RAMANUJULU NAIDU, PUNNAIAH
Such a plea can be raised by the accused at any time during the trial. ... taking cognizance of the offence and finding that the accused was guilty under Sec.323 I.P.C., but acquitting the accused on the plea ... can be raised by the accused at any time during the trial. ... "in the aforesaid case the plea of limitation enacted in Section 468 (2) of the Code of Criminal Procedure was raised by the accused therein before the trial Court after it took ....
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