Burden of proof on issue of limitation 2014 RAJASTHAN (RAJ)(DB) - Burden of proof that suit is within limitation is on plaintiff CHATAR SINGH Vs. ADDITIONAL DISTRICT JUDGE (F.T.) NO.L, JAIPUR CITY, JAIPUR & ANR. Civil Procedure Code, 1908 – Order XIV Rule 1 and 5 – Limitation Act, 1963 – Section 3 – Civil Burden of proof on issue of limitation – Placing burden of proving the same upon defendant-petitioner – Improperly framed – S.3 of the Limitation Act makes it obligatory on Court to dismiss a suit barred by limitation, although limitation has not been set up as a defence, indicating thereby that it is duty of a plaintiff to establish, at any rate prima facie, that suit is within time – It is obligation of plaintiff to satisfy the court that his action is not barred by lapse of time – Plaint must contain necessary averments, which, when taken in totality, amply demonstrates that suit is within limitation – A mere general statement will not suffice mandatory requirements – Thus, Trial Court has committed an error in framing additional issue No.5, additional issue on limitation – Impugned order is set aside – Trial Court is directed to frame additional issue as referred in Para 18 and proceed further in accordance with law – Writ Petition partly allowed.
Posted on: Mon, 20 Oct 2014 12:54:39 +0000
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