 And to have a series from a person having immense knowledge like just as Katie Sankaran who himself runs a YouTube channel by his own name. We requested him and as you usually say that the speaker was kind enough to accept our invite and before we were starting at a talk with Mr. SK Premraj Menon who is also from Kerala who said that he is one of the most erudite speakers coupled with his knowledge. But today in the morning we received one of the shocks that honourable Mr. Justice M. M. Shantanu Nagar, a judge of the Supreme Court of India, passed away. And therefore though in this particular part, part one, we have not mentioned as such but Justice Sankaran wanted that this particular series should be dedicated in his name because he has been the Chief Justice of Kerala High Court and I was just reading on various social medias. His immense knowledge coupled with his immense popularity being the Chairman of the Bar Council of Karnataka Vice Chairman, then Mediation and so on and on. Coupled with his judgments which have been widely received. So the only way which we thought that as to whether we should move on of today's session or how to go about it, keeping in view this news and the way these sessions are going on. We thought that the best reverence to a person could be given. If we dedicate this Limitation Act series to Justice M. M. Shantanu Nagar, a judge of Supreme Court of India. I would request Justice Sankaran to take over as such and share his knowledge on the Limitation Act. Yes. Thank you Mr. Vikas and thank you friends. Today is a sad day for me. Justice Sankaran Gowda, he was the Chief Justice of Kerala. We had together had a division bench sitting for quite some time and he was kind enough to all the judges and he believed me and another judge most being the senior most judges. And he was personally very cordial, very the warmth in his approach and very kind not only towards us, but towards other judicial officers, subordinate judiciary people. I am not giving the examples, particularly when the life of 31 ones in my states became fruitful. They are judicial officers now only because of the effort made by Justice Shantanu Nagar. Otherwise, they would have ceased to be judicial officers even after a training of two years at the academy. Instead of one year, we extended the training for two years because of some technical difficulty. We could not comply with the norms given by the Supreme Court and therefore there was some practical problem. And when I met him, met Shantaran Gowda and said that this is the problem. He did it, deputed a wayster for that purpose alone and he inaugurated more than 30 Gramani alias, made arrangements for inauguration of 30, more than 30 Gramani alias. And all those judicial officers were appointed and posted. And their life would have become miserable. Many of them would have committed suicide. Many of them told me that they are no longer judicial officers, no longer advocates, and their life will become so miserable. And the only person who did that successfully was Justice Shantaran Gowda. Likewise, there are several instances where he was so helpful and I got a report from the Supreme Court now today that even in the Supreme Court, he used his good offices to help so many people in the Karnataka judiciary and others. And he was like that. And therefore when I got the news, I was so sad. I continued to be so sad because of the friendship. I had gone to his house in Bangalore to invite for my son's wedding and he had visited my house. We had lunch together, dinner together. And very, very affectionate man. So, when I pointed out to this Mr. Vikas, he said that we need not postpone the Zoom meeting and instead we can dedicate this to the name of Justice Shantar Gowda. I agree. And accordingly it was done. Now, today there is some problem with my internet, I think an unknown error occurred. I am trying Zoom meeting in my laptop for several times. Yesterday I tried it was successful, but today it is not successful. And therefore I am using my mobile. Please bear with me. I do not know whether it is so clear and audible. But please bear with me. Yes, is it audible? Yes, it is audible. That is enough. Yes, now we are dealing with Limitation Act in a few episodes. Limitation Act, though small, it is very challenging and very, very to some extent difficult also. One might think that it is so easy, but it is not so. And in its application to some extent there may be difficulties. And so long as you are having civil cases in the subordinate courts, you must master the Limitation Act, otherwise there will be practical problems arising. And when you give advice also, see there is a likelihood of your side committing an error, which may lead to several complications. And therefore please bear with, please bear in mind that such errors should not occur. In the practical life, these tips you must be able to remember and it should not forget. And the scheme of the Limitation Act is it contains sections and articles. Just CPC sections and orders and rules. Here it is sections and articles. There are 31 sections and 137 articles. Now let us see, I think you are having the barrack of CPC with you. If not, next time onwards, please bring a barrack, small one. This is enough for our study because otherwise it is difficult. So my request is that you have a barrack with you, just this one. This is enough. There are 31 sections I said and there are 137 articles. How these articles are arranged? And these articles occur in the schedule. After the sections, there is a schedule. In the schedule, the first division is suits. First, there are, before going to the articles, I have to mention to you that the Limitation Act deals with suits, appeals and applications. Sir, you are not audible. So there was something, right now it is okay sir. You are not audible. I think there is a problem of the net. There is a low bandwidth. Your voice is high. Because on the hard screen, it is reflecting low bandwidth. Oh, what to do. Interruption is there. I see. Laptop again. It is not. Now it is better. Yes, sir. So that is why I was... Yes, sir. Fine. That is why I keep my camera close so that they say the bandwidth occupies more space if you watch the videos. Yes. Now in the scheduled period of limitation, periods of limitation and first division, etc. First division relates to suits and the different parts, one, two, like that. Different types of suits are mentioned. 10 types of suits are, please note, one, suits relating to accounts. That is articles 1 to 5. Suits relating to contracts. Articles 6 to 55. Suits relating to declarations. Articles 56 to 58. Suits relating to decrease in instruments. Articles 59 and 60. Then 5 suits relating to immobile property. Articles 61 to 67. Suits relating to immobile property. Suits relating to mobile property. Articles 68 to 71. Then suits relating to tort. Articles 72 to 91. Then suits relating to trusts and trust property. Articles 92 to 96. Next, suits relating to miscellaneous matters. Articles 97 to 112. And suits for which there is no prescribed period. That is a residual article. Article 113. This is the manner in which the limitation act to the scheduled division one is arranged. So these are the different 10 different types of suits. And different periods of limitation. And then second division relate to appeals. And it is article 114 to 117. 114 to 117. And the third division relates to applications. That is 118 to 137. We have seen article 113. It is a residual article I said in suit which no period of limitation is provided elsewhere in the schedule. The period of limitation is three years. And likewise so far as applications are concerned. There is a residual article that is article 137. Which provides that. This is the word in article 137. Any other application for which no period of limitation is provided elsewhere in the schedule three years. So that limitation act is flexible in the sense it is not. It is not possible for any legislature to contemplate different types of suits. Different shades of meanings and different combinations and permutations and provide period of limitation. Even if it is attempted there may be loop holes and there may be a particular suit which may satisfy several articles. And it may lead to complications. That is why specified articles are there for specific items. And then a residual article for suits that is article 130 which provides for a period of limitation of three years. Likewise in the applications also. When there is no other article which applies to the particular application. The residual article will apply. Now how to compute the period of limitation. It is not very easy always. When I used to ask the question to all the judicial officers and all the advocates whenever I get occasion. And I put a question practical problem when we deal with article 12. And my experience is that when there are 30 or 40 participants. None sometimes answered correctly and even if answer is there only one off. This problem arises among advocates also when a paper is presented when an appeal is presented to the high court. And the registry may object saying that there is bar of limitation. Sometimes there may be a delay of one day or two days which the advocate might not have seen. If it is an appeal there is no problem. The delay can be controlled but no stay will be obtained in the meanwhile unless and until the delay is controlled. But so far as suit is concerned there is no question of condoning any delay. So dear friends the advocates practicing in the trial court if a client approaches you. You have to first see what is the case. And if the client says that we have to file a suit or do whatever that is necessary. The client may not know that it is a suit. He may say he may produce a pronoun or a check before you or may say that there is an oral loan. I am not getting it back. He may say the date. And then first you have to see whether tell the client also whether it is barred by limitation. If it is barred by limitation you cannot do anything court cannot do anything. The court has no power to condone the delay filing the suit. Why because section five which provides for extension of the period of limitation. Applies only to appeals and applications other than an application under order 21 of the code of suit procedure. So so far as suits as well as an application for execution. There cannot be any condonation of delay by the court. Court has no power. So when an advocate is approached first he has to see that he is filing it within time. And if already there is time lag you have to tell the client that it is already barred. So that nobody will point out that you are mistaken and therefore you are not fulfilled your part of the promise you are not complied with the requirements of a advocate and all those things. So that there is no room for any complaint. For example, there is only last day only one day. What is the period of limitation say for three years. The cost of action arose on 1120 15. Let us take it that there is a promissory note or a check or any other agreement or so which is dated 11 2015. Let us take it that the period of limitation is three years. What is the last date for firing the suit. Put that question to your audience. Just a simple question. 11 2015 is the date on which the cost of action arises. That is a date of execution of the promissory note. Time starts from that date and the period of limitation is three years. Three years. What is the last date on which you can find this very last day. There is only one last day. Please ask the participants to post their answers on the chat box itself. We have muted everyone. Yes. Can we wait for one minute? This is a very simple question. 11 2015 that time starts. That is a date of execution of the promissory. The period of limitation is three years. What is the last date on which the suit can be fired. And remember there is no provision for condonation of delay of filing a suit. Court has no power. So you have to file within the period of limitation. What is the last date? Did you get any answer Mr. Vikas? Yes, sir. We have received plenty of messages. Some are saying 11 2018. Some are saying 31st of January 2017. Majority are only on this issue as to whether some are writing 11 2018. Majority. Majority is they are equally divided on 11 2018 31st of December 2018 and 11 2017. No, some are even gone to 11 2017. That is two years. That is two years. That may be a mistake. Yeah. So the last date is. Everybody is feeling that they are playing fastest finger first. They are playing like just like ABC fastest finger first without even sometimes examining it in the perspective. Yeah. Can I answer with a reset? Yes. So the last date is 11 2018. Three years. Really three years will expire on 31 12 2017. Starting from 11 2015. That is a date of promissory note. We count from that date. The three years will expire on 31 12 2017. But the last date for filing the suit is 11 2018 because section 12 one of the limitation act provides for exclusion of the first day. Exclusion of time in legal proceedings in computing the period of limitation for any suit appeal or application. The day from which such period is to be reckoned shall be excluded. So 11 2015 is the day from which the period of limitation is to be record the date on which the cause of action arises. That day is to be excluded in view of section 12 one. If that is days excluded three years will expire on 11 2018. That is the last day. So it is easy. 11 2015 just add three years. 11 2018. That is it. So there is no difficulty whether it is 30 years, two years, 12 years, one year. No problem. 11 2015 then just add three years, three years. 18. You need not calculate 365 days and all those things. Because the reason is this. One, the day on which the cause of action arises the limitation is to be reckoned that days to be excluded in view of section 12 one. That is a reason why 11 2015 three year period so expires the last day occurs on 11 2018. I think I might the position clear. Now. See the articles. There are three columns. There are three columns. Description of the suit. Have you seen that description of the suit. Period of limitation. Time from which the period begins to run. These without these three columns being considered. It is not possible to compute the period of limitation, particularly the third column is very important. Time from which the period begins to run. That is most important. So the calculation and computation has to be made with reference to these three columns. And these three columns you may see several types of suits different periods and the periods. It differs from one year to 30 years. 30 days to 30 years. Maximum period under the 1908 act was 60 years. Now it has been reduced to your maximum period of 30 years. There are 15 days, 30 days like that. When it comes to applications. One year 90 days 60 days 30 days like that. 10 days. 30 days, 30 days, 60 days like that. And the maximum period is 30 years. For example, a suit against the government, suit for redemption of mortgage, suit relating to mortgage for closure, all 30 years, maximum period. So it was 60 years, instead of that, it is done like this. Now, there is a doctrine of limitation. The doctrine of limitation is based on a theory. There is a Latin maxim. Vigilante bus, V-I-G-I-L-A-N-T-I-B-U-S. Vigilante bus, non-N-O-N. Dormantibus, D-O-R-M-I-E-N-T-I-B-U-S. Next word, Jura, J-U-R-A. Next word, subvenient, S-U-B-V-E-N-I-U-N-T. The meaning, laws come to the assistance of the vigilant, not to the sleepy. That is a principle on which the limitation act is based. Law come to the rescue of the vigilant, not the sleepy. And there is another principle that it is necessary that title to the property, etc. and matters in respect of rights in general should not be in a state of constant uncertainty and doubt and suspense. There must be certainty. Now you may ask a question. So you have got a promise to re-note with you. You have to get that money. You have to file a suit. Period of limitation is three years. You are delayed by one day. Heavens will not fall down if one day is over. What is the principle on which the limitation act is? Is it not harsh? Why can't the court be given power to extend it? If it is to be extended, what is the meaning in saying that it should be only for a few days, few months or a few years? It can be any number of years. Appeal, appeal, condonation of delay, 30 days, there may be one year, two years depends on the reason. It is a reason that matters. Delay can be condoned by the appellate court in filing an appeal. Likewise, an application which otherwise, it is not the extent of delay that matters. It is the reason why there was delay. But so far as suits are concerned, as I mentioned, there is no question of condonation of delay and one may think that it is very harsh. Suppose you are on the opposite side. You are the other client. How many years you have to wait, seeing whether the other side will file a suit or not. You cannot be expected to wait indefinite. So there must be certainty. And so far as the limitation act is concerned, the commentaries say that when the act falls, it falls. There is no escape. So on a first look, it may appear that the limitation act is harsh. But it is not harsh when you look from the side of the opposite party. There must be certainty. If you are going to file a suit, file it within time. Otherwise, the opposite party will be always in the dark. Now, the object of the limitation is to prevent disturbance or deprivation of what may have been acquired in equity, justice by long enjoyment or what may have been lost by a party's own inaction, negligence or latches. This is what the Supreme Court said. You may see AER 1973 Supreme Court, 73 Supreme Court, 2537 Rajendra Singh and others versus Shanta Singh and others. Now, what are the salient aspects of the limitation act? Accepting the report of the law commission, no illustrations are provided here, incorporated in the act. The old act contained reasons and it was thought that the illustrations often lead to uncertainty and it may sometimes become complicated. Therefore, illustrations have been taken away. Old limitation act regulated suits, appeals and only some obligations. But the present act applies to suits or and other proceedings and the for purposes connected with it. The maximum period as I said was 60 years under the 1908 act, now it is 30 years. Definition of applicant, etc., not necessary. Then I said about the scheme of the suits. Limitation act is an amending and consolidating statute. This is 1963 act. It provides for all the contingencies it deals with. There is no scope for further endgrafting any exception on the rules of the act, on the ground of hardship. There is no question of and it is held in AER 1962 Supreme Court, 1716 that in construing the provisions of the limitation act, equitable considerations are out of place. No equitable consideration, no discretion, nothing. AER 1962 Supreme Court, 1716, the fixation of the period of limitation to some extent arbitrary and may frequently result in hardship even then it is to be construed as the language of the statute is plain meaning imports. The courts are not concerned with the policy of the legislature or with the result in giving effect to the language used AER 1972 Supreme Court, AER 1972 Supreme Court 1548. The court should not take into extraneous considerations such a hardship in construing the provisions of the limitation. Now another question whether limitation act is exhaustive or whether some other laxity can be given and it was held the Supreme Court held in AER 1964 Supreme Court AER 1964 Supreme Court 227. I will quote the limitation act is a consolidating an amending statute relating to the limitation of suits appeals and certain types of applications to courts and must therefore be regarded as an exhaustive court. Probably the Supreme Court in 1964 was dealing with a case of 1908 act not under the 1963 act that is why some applications it is said. Now all the applications are being dealt with under the act but the principle that it is an exhaustive court is the same under the old act or under the new act. It is a piece of subjective or procedural law and not of substantive law. These are all the principles which we have to bear in mind. It is not a it is an objective piece of objective or procedural law and not of a substantive law. It is a consolidating an amending statute and it is clear from the long title an act to consolidate and amend the law of limitation of suits and other proceedings and for the purposes connected with this. This is the reason why this act was introduced in 1963. Now there is a theory that the limitation only bars the remedy and not the right. It is true also. So I lent money to you. I got a period of limitation for firing a suit against you. That period is over. I have to get 10 lakhs from you. You had executed some document in my favor. I failed to file the suit within three years. That is a period of limitation. Does my right extinguish? My right is to receive the money back. Your duty is to pay it back. It is true that I lost the remedy because I did not file the suit within time. Has my right expired? Answer is no. Right did not expire. Right is there if there is a contract after the period of limitation. Section 25 of the Indian contract that covers it. It is valid. It is supported by good consideration. There can be an agreement to pay even a bar debt. There is nothing wrong. Nothing. It is not against public policy. People may agree. It is not the hard rule that there should be always within period of limitation. One should come. Parties may agree. That is why section 18, section 19, 18 provides for acknowledgement and 19 provides for part payment. Suppose I have to get 10 lakhs from you. You are not in a position to pay within that period of limitation. Say for example, three years, you approach me. You ask me to give some time. You say that instead of 10 lakhs, you will pay one lakh to me. I receive that one lakh. I make a note on the document on which the liability is created. And it is in your handwriting. Your signature is there and it is dated. Then a fresh period of limitation starts from that date. That is section 19. Or if there is an acknowledgement of liability, section 18 will apply. There also a fresh period of limitation will run. It is not the policy of law that the parties should, whenever a right across, should rush to the court. Parties may agree for anything. Likewise, I promise you a note, even if it is for three years, that is a period of limitation. It can be extended, extended, extended up to 50 years, 100 years. Nobody will ask why. There can be an acknowledgement. Fresh period will start to run. There can be part payment. Fresh period will apply. It is not the policy of law that whenever there is a right and the infringement of right, parties should always rush to the court. Parties have the option to agree between them and to modulate their liabilities and rights. And I said that generally, the general principle is that the limitation only bars the right, bars the remedy and not the right. It does not extinguish the right. There is an exception to that rule that is contained in section 27, 27. And the expiry of the period of limitation provided and the determination of the period hereby limited to any person for instituting a suit for possession of any property, his right to such property shall be extinguished. I said about the liability to pay back money on the base of a document. I said that the right, the right is not lost, only the remedy is lost. But I got an item of immoral property. I was in possession. You ousted me. You trespassed upon the property and reduced the property in your possession. That happened two years back. I knew about it. It is to my knowledge and you asserted that you are the owner and you kept possession uninterrupted, hostile and to my knowledge. And it is not suppressed. It is not hidden. It is not a clandestine thing. You proclaim to the whole world that you are the owner and not me. And you continued in possession. You perfected title by address position that comes under article 65. And then my right will expire. My right has expired. Right has got extinguished. This is the exception to the general rule that the limitation only bars the remedy and not the right. The right itself will get extinguished. So when I, when it is clear that my property was trespassed upon by you on a particular date and you continued uninterruptedly, openly, peaceably and without interruption for 12 years. My right to institute a suit to get sparked. My right itself will get extinguished. So far as other suits are concerned, I said, you, you have got a, you took a loan from the bank. You took a loan from the bank. Bank did not file the, you did not repay. The bank did not omit it to file the suit within time. Omitted to file the suit within time. What is that? The remedy is lost. Right to recover that amount. Right to receive that amount is not lost. You have got certain fixed deposits in the bank. It attains maturity. Bank can appropriate that amount towards the barred debt. It is legal. Why? Because the right is not lost. Remedy only is lost. Remedy to approach the civil court is lost. But on attainment of maturity of the fixed deposit, the bank has got a right to appropriate it towards the barred debt. Likewise, you owe a debt to me. I did not file the suit, but some money due to you comes to my hand. And I can appropriate it towards that debt. There is no harm. So that is a principle generally limitation only bars the remedy, but does not extinguish the right. Exception is this, 27. Similarly, when a debtor has several debts, the creditor can adjust the payment made by the debtor towards even the barred debt. A barred debt may constitute a valid conservation for fresh contract, section 25.3 of the debt contract. Then whether limitation bars the defense? Whether limitation bars the defense? The answer is this. I will read a small passage. Limitation ordinarily does not bar the defense. A defendant will not be precluded from setting up a right by way of defense, even if he could not have done so as a plaintiff by way of substantial claim. This would have been barred under section 25 or 27 of the Limitation Act. If it is regarding property 25 or 27, 25 is 27. It is also not applicable to set off or counter claim since section 32B of the Limitation Act provides that any client by way of set off or counter claim shall be treated as a separate suit. Except this defenses are not barred. Even if I will give an example, there is an agreement for sale. I agreed to sell my property to you. I did not execute the document. You did not file a suit for a specific performance. Within time, you were put in possession of the property at the time of agreement. You continued in possession. After the period of limitation is over, what is my right? I have title to the property. I continue to be the title holder. I can file a suit based on my title. Then you set up a defense that there is part performance under section 53A of the Transfer Property Act. Then defense is not barred. My suit for specific performance is barred. But your defense, your suit for specific performance is barred. Your suit for specific performance is barred. My suit is also barred. I am not particular. But you cannot file a suit for a specific performance and get the document because three years period is over. Period of limitation is over. But you are in possession. You continue to be in possession. I am being the title holder. I institute a suit for recovery of possession based on my title. Then you can set up the plea of part performance by defense. Why? Because you cannot file a suit for specific performance of agreement to sell. Your defense of part performance is not barred. Generally speaking, the defense is not barred by the efflux of time. Exceptions are there. Section 25 and 27. And on that point, there is a decision of the Supreme Court. AER 2002 Supreme Court. AER 2002 Court 960 NCC citation. Srimanth Shamrao Surya Vamshi versus Prahlad etc. etc. Another Surya Vamshi. That is held. Section 53 A TPA Act that is all discussed in that decision. So that if you read that, it will be very clear. Now, whether limitation act applies to all legal bodies where litigations are being held or whether it applies only to courts. That is a very important question. Very, very important question. Whether it applies to statutory tribunals, whether it applies to quasi-judicial bodies or whether it applies to courts only is the answer. Because you will get limitation act applies to quasi-judicial authorities, administrative authorities or whether it applies to courts only. You will not get an answer if you read the various sections. You will not get. That is why I am stressing on it. The participants can post the answers to the same. Yes. Whether it applies to courts only or whether it applies to quasi-judicial authorities or administrative authorities also. So, meanwhile, check your net also because there is some sometimes disturbance at your end. Oh, what to do. It seems I have got the message. No, I think the message is on my side. It says my net is the same. Ah, nice. See, sometimes such mistakes occur, sometimes such difficulties occur. Almost every weekly twice I am doing online classes where there is no difficulty. It goes on well. But even yesterday I tried on the lake. It applies to quasi-judicial authorities as well. I realize that it is everything right. What is the answer? Majority has said that it is applicable. What is the answer? Majority have said that it applies to the quasi-judicial authorities as well. Both the? It applies to the quasi-judicial as well as the court. Both. Quasi-judicial. Except one has said that the special act would prevail over the general act. If you read sections up to 31 and articles up to one that you will not get the answer to this question, you will get the answer only from the judiciary. That is why I put that question because people commit mistake on it and various cases go up to Supreme Court. Even, say, the latest decision by Justice Rohit Nariman in what is that case, MP Steel Corporation. MP Steel Corporation. This is discussed in very great detail. And Limitation Act applies to courts and not to quasi-judicial bodies or tribunals. Not to quasi-judicial bodies or tribunals. Please note the following decisions. Please note because if you search in the book, you will not get it. Commendaries, if you carefully read, you will get it. But not in the barricade, not in the statute. A.R. 2005 Supreme Court. 2005 Supreme Court. 1, 2, 0, 9. Parallel citation. 2004, 11 SCC. 11 SCC. 4, 5, 6, 3 judges. Justice SB is in or out the judgment. Name of the case is LS Synthetics Limited. LS Synthetics Limited versus Fair Growth, Fair Growth Financial Services Limited. The provisions I am reading only few sentences. You may see paragraph 33, 34 and 39, paragraph 33 of that judgment. I am even from that paragraph I am reading only one or two sentences. The provisions of the said act are not applicable to proceedings before the bodies other than courts such as quasi-judicial, tribunal or even an executive authority. It does not apply unless it is confirmed or be confirmed. It automatically applies. So if a proceeding is before a court, you need not say that the limitation act will apply, it applies. If it is a quasi-judicial authority, administrative authority or any other authority, if the limitation act is to be applied, it has this particular statute, special statute must provide it. Otherwise, it will not apply. The difficulty arise when we read 29 and 2 is the most complicated portion of the limitation act. Let us see 29 and 2 just once. We will explain it later. 29 and 2, it is complicated. On reading, you will not understand. One will not normally understand. Where any special or local law prescribes for any suit, appeal or application, a period of limitation different from the period prescribed by the schedule. The provisions of section 3 shall apply as if such period were the period prescribed by the schedule and for the purpose of determining any period of limitation prescribed for any suit, appeal or application by any special or local law. The provisions played in 4 to 20 sections 4 to 24 shall apply only in so far as and to the extent to which they are not expressly excluded by such special or local. This I will explain in great detail because this is a very important aspect in the limitation act. This is connected with the question which I could also, but I will give the citation and you read it. There are several decisions on that point. Now, 2015 volume 7 SCC 582, Justice Sikri and Justice Rohit Nareman, MP Steel Corporation versus Commissioner of Central Access. MP Steel Corporation versus Commissioner of Central Access. The provisions of the Limitation Act apply only in respect of proceedings prosecuted in courts proper. Courts has understood in the strict sense of being part of judicial branch of the state. Principle that court always lean in favor of advancing the cause of justice where a clear case is made out for doing since justice and reason is at the heart of all legislations. Now, this MP Steel Corporation, you read it, you will get and it is very difficult to read and understand it also because sometimes you may get fed up because of, because there are several decisions discussed and the judges discussed it in a great detail. Therefore, please don't get frustrated. You deal with it, study it and then also there is another important case Mukri Gobalan versus Amubhakar Mukri Gobalan versus Amubhakar. In some cases it is only Gobalan versus Amubhakar. That decision was dealt with in MP Steel. What is that Mukri Gobalan's case? It arose from Kerala, our state. There is a Kerala Building Slees and Rent Control Act. It was originally rent controller, who is a person and designator, person and designator, not a court. Later, the act was amended. Building Slees and Rent Control Act was amended and the nomination of that authority was changed to Rent Control Court and every Munsif who is specifically nominated for that purpose, it is not a person and a designator. A Munsif is appointed in a particular place. He did not be nominated as such. He becomes the Rent Control Court so that there is not attached to a special person. It is attached to a question arose. There is a period of limitation for filing an appeal against the order of the Rent Control. It lies before the appellate authority. Originally, it was also a person and a designator. Now, it is a court. District court is not arose from the application because it is not a suit but an application. RCP, Rent Control Petition. Therefore, delay can be controlled. Appeal can be done. Delay can be done. Appeal. Even otherwise, it is an appeal. Whether the appellate court, appellate authority has got power to control it. There, the Supreme Court said in Mukri Gowal that in being the district judge, district court, it is a court and it has got all the trappings of a court and therefore, the limitation act will apply its well-settled principle in Mukri Gowal. Several decisions were cited, approved and Mukri Gowal's case was of MPC. Please read MPC paragraph 14. And it was held, I may say, quite inappropriate that Mukri Gowal does not hold good. That is not correct. Because Mukri Gowal was cited, Om Prakash versus Ashuni Kumar Bensi. 1995 5 SC. Mukri Gowal is 1995 5 SCC 5. Distinguishable on facts. It was the district judge who was discharging the functions of the appellate authority in the decision which was cited. It was held that the district judge functioning when appellate authority was a court and not person and a signature. And therefore, entitled to resort to section 5 of the limitation act. That is not so in the instant case where the run controller appointed by the state court is the Punjab civil service member and therefore, a person and a signature would not be entitled to apply the approach of the limitation act section 5. That is another decision which is referred to in Mukri Gowal's case, paragraph 22, paragraph 22. Please see that. But wrongly enough, in a P Steel Corporation, it is said that Mukri Gowal does not hold good. And later the Kerala High Court held that that is not correct. And that is we cannot say that the Supreme Court is wrong, but said that Mukri Gowal is alright. It applies because when MP Steel came hundreds of cases went off the file because the appellate authority has no power to condone delay, the courts interpreted like that. Later a Kerala decision came, said that the appellate authority has got the power to condone delay. The thing is this, if it is a court, you need not say that the limitation act will apply. It automatically applies. If it is a quasi judicial tribunal or an administrative authority, you have to say in the special statute order or any other regulation, whatever it is, that the limitation act will apply or will not apply whatever, will apply. So, there are certain special statute which provides that the period of promotion, so the limitation act will apply. There are certain special statutes. Once that sentence is there, all the provisions of the limitation act which are applicable will apply. Now, another aspect today, we have to close it at 7 o'clock. Is it not, Mr. Vikas? So, we don't go strictly because in the today's invite, we have not written, sometimes we write 6 to 7.15. So, today I knew that you elaborated more, we have not given the upper cap. Yes, I am prepared to take it for 2 hours, 3 hours. I know that, I know that. But it is not good because it is always the concentration level is, it is said that it is only for 20 minutes. Especially once we are talking of limitation act. Yes. At the time is the essence. So, any number of times I will appear, no problem. We will limit it to 1 hour or 1 hour, 15 minutes so that we can have a number of things. Yes, another thing which I would like to bring it to your notice is the scheme of the act. There are, please note down. Please note down because you will not get it, the commentaries or the statics, which I have noted. I may be wrong or may be right. I think it is mostly, I believe that it is right. But the wording may be sometimes confusing. But anyhow, please note for your reference, not for examination or anything. There are several types of categories of cases coming under the Limitation Act. So, we will say, generally, period expires and plus exclusion. You may note the exclusion. Section 4, note it. Section 4, extension of the period. So, could you repeat 2 last 2 lines because the audibility was an issue? Last 2 lines. Last 2 lines, kindly repeated because there was an audibility. Expiree plus exclusion. Is it audible? Yeah, it's fine. So, you can keep it at a normal distance but it was somehow. Expiree plus exclusion. Section 4, next extension. Section 5. Next is providing same period. Providing same period. Note like that. We will explain later. Providing same period. Section 6 and 8. Next category is continuous running. Section 9. Next category, no limitation. Section 10. Next category is exclusion of period. Section 12, 13, 14 and 15. Next heading, effect of death. Limitation starting later. Section 16 and 17. Fresh period. 18. Section 18, 19 and 22. 18, 19 and 22. I committed a mistake. Section 6. I said continuous effect of death. Limitation starting later. I said 16 and 17. It is wrong. 17 is fraud. Please go off 17. Only 16. Sorry. Fresh period. Sections 18, 19 and 22. Extinguishment of right. Extinguishment of right. Section 27. This is generally we will in the subsequent classes, subsequent webinars, we will discuss this when we come to various sections. See how wonderfully the various promotions have been drafted and how it is arranged and how these promotions are to be applied. I said about that it is not the policy of law that everybody should rush to the court. I said about the acknowledgement of liability or payment 18 and 19. What will happen if a person becomes insane? What happens if a person is a minor at the time when the limitation is to be record? All these are covered. Various promotions and computation of the period of nutrition. I said that there is difficulty which every lawyer should master. Why I told my fellow advocates, friends, young lawyers and to the judicial officers particular that when a question arises whether there is a judicial so far as a judicial officer is concerned when a lawyer says that his appeal is within time and the registry says that it is not within time. It is ultimately the judicial officer who has to decide that issue. So he must be fully conversant with that provision. Section 12 interpretation and how it is to be compute practical side. Likewise, the lawyers also must be very bold, very well equipped with respect to this computation of the period of limitation and finding out the last date because otherwise the people in the high court registry or the court registry will say that no, no, your appeal is bad. Then that person will have to make an application to condone delay. Sometimes unnecessary. The person, the clerk who is dealing with that case may be under the wrong impression that it is bad. Sometimes it happens. The even I had occasion, I had several occasions where my appeals were returned saying that the appeal is belated, bought by time. Then I will answer how it is not. Then they will accept the explanation. If it is bought, I will file an application. Say anybody can commit mistake. But it must be, you must be able to point out that this is the provision. This is the, this is the net result after computing the period of limitation. How you arrived at that conclusion? Why you arrived at that conclusion? So you must be bold. You must be able to say that. Otherwise, what will happen? Even for computing the extended delay, I have seen the miserable part of it. What is that? It is an appeal which is delayed. In the application for condoning of delay, you have to state the number of days of delay. That is a requirement. Otherwise, many of the, I don't know what happens in other courts. There is no provision as such. But it is usually, if it is 10 days or 15 days, you have to say in the affiliate that there is a delay of 10 days or 15 days. In the application also, you have to state that to condone the delay of 15 days or 30 days, whatever it is. So to compute that extent of delay, how to compute it? So what is being done is that while typing, there will be a blank left. The advocate's clerk will go to the registry and ask them what is the extent of delay that they will fill up. Or some people type it 15 days delay. The registry will say, no, it is 20 days. Then there is a whitener which cannot be done on half of it. Without the signature of the party, it is not proper fluid. The clerk will use this whitener and then make it do. I will say that it is an affront to the advocates because the advocates should be able to tell the registry people that this is the correct law. So it is not, you need not depend on the advocate's clerk. You need not depend on the registry people. You have to equip yourself with all these practical tips. We will do it. I will give you examples. I will try my best to, if it is not an open class, if it is only webinar, but to the extent possible, we will do it. And by constant application and constant exercise, you may attain that. You may find it proper. Yes. I think we can close it now. What next? Nothing. As such, there are no questions, but only one thing. Since we are doing part two, would you just enumerate what will be explained in the part two so that those who have been connected with us on the YouTube Facebook, as well as in this session, they would know that what will happen in the part two as such. Part two, I will deal with, say I said about the general scheme of it in the present episode. Now I will be dealing with section two, three and four. Two, three and four, and if time permits, five. Yes. But five itself is quite elaborate to be an extent. Yes. And there are 75 episodes on YouTube lectures. If you are interested, you may listen to that. Sometimes it may be useful to you. YouTube channel of Sir is by Justice KT Sankaran. You can visit that. You will get a lot of sessions on CPC as well as. There is an app also. That is www.justicektsankaran.com stroke LA that is limitation act LA small letters. If you give that, you will get all the episodes in that. Yes, I've seen that you have also created a playlist. One is of limitation act. I don't know much of it. You are. I've seen that there are playlists for my expertise. I depend on my son to do it, except that I will record it on my own and upload it. I read it. Only I know that. I don't know the technicalities. You have already explained to us as an advocate. One should know the law so that one can put it across. So once you have told it, people will create the playlist or people will search it. So don't want to connect with them. They can always watch KT Sankaran's YouTube channel. They are in the right manner. He has explained with great clarity, just like we enjoyed today. I consider it as my contribution to the project. The same here. And same is with Prem Raj, who is running by the Nittles Lettles. Prem Raj is actually connected with Shyam Patman's program. Or you can say vice versa. Prem Raj knows all the decisions. He's a wizard. So he's praying also with love and Raj is to rule. So he rules with love. Yes. So those who are connected with us or who have joined for the first time, they can also connect to our YouTube channel, Facebook page and Instagram of Beyond Law CLC. They can like, share and comment so that people can also come to know. Before we conclude, I will ask Mr Prem Raj to give a capsule from what he has learned today. So he's himself learned, but learning from a person like your knowledge is always a pleasure to hear. Yeah, Prem. Well, to deal with this particular topic of limitation, you have really selected a really wonderful speaker. Just as Katie Shankaran, whom I consider is the finest legal brain Kerala Haiko has ever produced. That is my humble opinion. And just as Shankaran, he is hailed by the bar for his legal and literary acumen who has always been acknowledged for being so pleasant, yet absolutely forthright and an upfront person, I would say. He was, of course, an outstanding and hardworking judge known for giving a very patient hearing for everyone which reflects in many of his landmark judgments. And personally, I have a deep admiration, abounding affection and respect for him as he has carried on his constitutional duty by remaining conscious of the social realities, exhibiting absolute fairness, respect and dignity to all those people who has come before him. And as a judge, he was the fulcrum on which the judicial system was balanced, and which in turn, of course, was a cornerstone of a very democratic nation as we all know. And today, what I could learn was that the law of limitation is a procedural law which is founded on a public policy and it prescribes certain periods ranging from 10 days to 30 years, and after the expiry of which a suit and the proceedings cannot be maintained. Law of limitation, it ensures that the parties do not resort to directly tactics and avail the remedy promptly. It does not create or extinguish the rights, except as provided under section 27. And of course, just as Shankaran had told that the limitation bars the remedy and it does not extinguish the rights, and he had given us a schematic representation of the limitation act, which consists of 32 sections in which two are repealed, that is 28 and 32. So in effect, we have 30 and totaling up 137 articles divided into three parts. The suits dealing with articles 1 to 113, the appeals articles 114 to 117 and the applications articles 118 to 137. This is what I could learn. And of course, he had pointed out a very famous decision that is A.S. Krishnapa Chettiar versus Rahiya Pachettiar, the 64 Supreme Court ruling, which said that the limitation act is exhaustive. And mind you, in that particular judgment, went out to even say that the Indian courts are not permitted to travel beyond the provisions of the limitation act to add or supplement them. Anyway, thank you so much. Looking forward to hear more from you. Thank you so much. Thank you. Thank you. Thank you, Prayam. Thank you, Prayam. So dear friends, Prayam, as you used superlatives, forget it. I am an ordinary person with ordinary things. No, sir, I meant what I said. Probably, today, since we have dedicated our session to Justice Mohanab Shantagore, I was just reading on the LinkedIn, since we were never fortunate enough to hear him when he was in Karnataka in his fairway, he said, the most tough thing in life is that even if you are extraordinary, you remain ordinary in all times. So that's what I'm saying that the session was extraordinary. But to remain humble and ordinary is the right tribute to Justice Mohanab Shantagore. So thank you, everyone. Stay safe. Stay blessed. And like we have also started posting on the invites also, maintain social distancing and wear masks. That is the best way to move things forward. And seminars we do not know when we will take up. But yes, webinars from the persons like Justice Katie Sankaran would always be a treat to hear and it will continue to remain. And tomorrow's session would be at 4 p.m. Law relating to admissions and conspiracy, interplay between CRPC and evidence. This is by Chenendia Elsa Phillips. She's an assistant professor in CMR legal department in CMR college, CMR University, Karnataka. So do stay connected with us tomorrow. Thank you. And thank you, sir. So second session, we will decide the date whatever you want to look. Can you say next three or four Sundays it will do? So we will decide it accordingly. Immediately I will call you up. Yes. Next Sunday, thereafter also, thereafter also I am free. I will call you. I will post it on the social media also. After the webinar I will call you. Today on the Facebook and YouTube I was seeing that they have a large number of participants watching it. So everyone stay safe. Stay blessed. Thank you.