Important Points on Limitation Act

 Important Points on Limitation Act

Refer Dipak Chandra Ruhi Das v. Pradip Kumar Sarka [2021] GCtR 480 (Gauhati) which has noted : - 

"The petitioner has alleged that the SC certificate of Chandan Kumar Sarkar is fake and fraudulent. It is already indicated above that the election of the said Chandan Kumar Sarkar was challenged by the petitioner herein by filing election petition no.17/2001, inter alia, on the ground that SC certificate was obtained by fraud. The Court is inclined to take note of the provisions of Article 58 of the Schedule of the Limitation Act, which prescribes limitation of three years to obtain any other declaration from when the right to sue first accrues and under residuary provisions of Article 113 of the said Schedule where the limitation prescribed is three years from when the right to sue accrues to file any suit for which no period of limitation is provided elsewhere in the Schedule. Therefore, when election of Chandan Kumar Sarkar was assailed in the year 2001, in any view of the matter, it prima facie appears that the suit seeking declaration that SC certificates of Chandan Kumar Sarkar on 31.03.1990, and 11.06.1995 is illegal, null and void, appears to be filed beyond the mandate of Article 58 and/or Article 113 of the Schedule of the Limitation Act. But no final opinion is expressed and the issue is left to be decided by the learned trial Court."