Ascribing the Law of Limitation in the context of Condonation of Delay: Issues and Challenges

Abstract

Law of Limitation is based on the Legal Maxim “Interest Reipublicae Ut Sit Finis Litium”, which means that the welfare law sets a time frame for the lawsuits. It is a general principle of law that the law is designed to protect the diligent and vigilant, but not the indolent. The law does not protect people who neglect their rights. The law sets deadlines for different claims by which aggrieved parties can go to court for compensation or justice. If the lawsuit is filed after the deadline, it is subject to the statute of limitations. Of course, a legal solution must remain viable for as long as the law allows. The court approves the delay but ignores the other side. It should be remembered that he is a loser person and has spent a lot of legal fees.Law of Limitation dispose of the remedy but not the right. This article focuses on general rules and principles of limitation and the protection of section 5 of the Limitation Act 1908 of the rights and interests of litigants who have not prosecuted the case within the prescribed time. In this article, an attempt has been made to examine what are general rules of limitation considering precedents and the conditions and reasons that can be presented as reasons to obtain the court’s permission to grant a delay, and the applicant cannot go to the court within the legal deadline. An attempt has also been made to give a comprehensive opinion to make it clear that the delay is at the discretion of the court, and no one can claim that it is right.