Limitation law not affected by first suit
Full Text
In any fresh suit instituted on permission granted under the last preceding rule, the plaintiff shall be bound by the law of limitation in the same manner as if the first suit had not been instituted.
Plain English Summary
Statutory warning on limitation: clarifies that securing court permission to withdraw with liberty to file afresh does NOT stop the limitation clock; the second suit is judged for limitation as if the first suit had never been filed.
Key Legal Elements
- No Tolling of Limitation: The pendency of the withdrawn first suit does not suspend limitation.
- Deemed Non-Filing Fiction: Second suit judged strictly from the original accrual of the cause of action.
- Section 14 Limitation Act Inapplicable: Section 14 benefit (exclusion of time) is NOT automatic upon Rule 1 withdrawal unless defect went to court's defect of jurisdiction.
Practical Note
The Dangerous Limitation Trap of Rule 2: Never advise a client to withdraw a suit under Rule 1(3) if the original limitation period for the cause of action has already expired during the pendency of the first suit. Even if the court grants 'liberty to institute a fresh suit', the new suit will be dismissed on day one as barred by limitation under Rule 2 read with Section 3 of the Limitation Act! Instead of withdrawing, amend the plaint under Order VI Rule 17.
हिंदी पाठ
पूर्वोक्त नियम (नियम 1) के अधीन दी गई अनुमति पर संस्थित किए गए किसी नए वाद में, वादी परिसीमा की विधि (Law of Limitation) से उसी रीति से आबद्ध होगा मानो पहला वाद कभी संस्थित ही न किया गया हो।