Report No. 193
Distinction between extinguishing a right and barring the remedy:
That takes us to the well known distinction in common law between the barring of a remedy and the extinguishment of a right. If section 3 bars the right to the remedy in the manner stated above, what happens at the end of the period is that the right does not get extinguished but the remedy to take legal proceedings in respect of that right becomes barred. But in the case of 'property' falling within section 27 because of the express provisions, not only does the remedy to recover the property gets barred but the right or title in the property itself of the owner gets extinguished. Under section 25 a right to easement is a right acquired in another person's property.
But, though under section 3 the judicial remedy gets barred, still a defence based on the right so barred is not precluded by section 3 and hence a defence based on the right can still be set up. Yet another significance of section 3 is that the Court has to apply the law of limitation as provided in the Schedule taking judicial notice thereof, irrespective of whether a plea of limitation is raised by the defendant or opposite party in the defence or not.
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