Report No. 3
Limitation of Suits, Appeals & Applications
3. Bar of Limitation.-
Subject to the provisions contained in sections 4 to 23 (inclusive), every suit instituted, appeal preferred, and application made, after the prescribed period shall be dismissed, although limitation has not been set up as a defence.
Explanations.-(1) A suit is instituted, in ordinary cases, when the plaint is presented to the proper officer; in the case of a pauper, when his application for leave to sue as a pauper is made; and in the case of a claim against a company which is being wound up by the Court, when the claimant first sends in his claim to the official liquidator.
(2) An application by notice of motion is made when it is presented to the proper officer.
(3) For the purposes of this Act, any claim by way of set-off shall be deemed to be a separate suit and to have been commenced on the same date as the suit in which the set-off is pleaded.
(4) For the purposes of this Act, a counter-claim shall be deemed to be a separate suit and to have been commenced on the date on which it is made.