सोमवार, 12 अक्टूबर 2009

56 Limitation Act – Art.58 v. Art. 113

Whereas in terms of Art. 58 the period of three years is to be counted from the date when 'the right to sue first accrues'; in terms of Art. 113 thereof, the period of limitation would be counted from the date 'when the right to sue accrues'. The distinction between Art. 58 and Art. 113 is, thus, apparent inasmuch as the right to sue may accrue to a suitor in a given case at different points of time. Whereas in terms of Art. 58 the period of limitation would be reckoned from the date on which the case of action arose first in the latter the period of limitation would be differently computed depending upon the last day when the cause of action therefor arose.

-See, Union of India and others v. West Coast Paper Mills Ltd. and another AIR 2004 SC 1596 (FB)

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