The Limitation Act, 1963: A Critical Examinat...

The Limitation Act, 1963: A Critical Examination of Objectives, Challenges, and the Need for Reforms

Author Name : Pooja Ogale

ABSTRACT The research paper aims to critically examine the Limitation Act, of 1963. It aims to focus on whether the legislative intent of achieving fundamental objectives of legal certainty and the prevention of stale claims has been achieved over time. The researcher explores the ability of the Act to balance the rights of plaintiffs and defendants, ensuring fairness while promoting timely litigation. By means of a thorough analysis of judicial pronouncements, the paper evaluates the impact of discretion in condoning delays and addresses inconsistencies in applying the Act. Furthermore, the researcher tries to identify the gaps and ambiguities of the Act by comparing the legal framework existing in India with other foreign jurisdictions. Lastly, the researcher through this paper suggests certain reforms aimed at enhancing the effectiveness and consistency of the Limitation Act, 1963.