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Criminal Procedure Code QUESTION #9495
Question 1
A plaintiff institutes a suit for recovery of a loan on the basis of a promissory note. The defendant files a written statement but does not raise the defence of limitation. The Court frames issues but the defendant never raises limitation at trial. Can the Court, on its own motion, dismiss the suit on the ground that it is time-barred?
  • Yes; under the Limitation Act, every suit filed after the prescribed period is barred, and the Court must dismiss it regardless of whether it is pleaded, if the suit is apparently time-barred on the face of the plaint✔️
  • Yes; but only in appeals
  • No; limitation must be specifically pleaded by the defendant and the Court cannot raise it suo motu
  • No; a Court can only act on issues that are framed
Correct Answer Explanation
Section 3 of the Limitation Act 1908 imposes a mandatory obligation on every Court to dismiss a suit, appeal, or application that is prima facie time-barred, even if limitation has not been pleaded as a defence. The Court acts suo motu in such cases.