The Limitation Clock On Money Recovery: Understanding Article 113, Acknowledgment And Extension Under Indian Law

Introduction

The way courts in India handle civil disputes is based on an idea: the law helps people who pay attention to their rights, not those who ignore them. This idea is often stated in Latin as “vigilantibus non dormientibus jura subveniunt“. Based on this idea, civil law introduced the limitation Act, which makes sure that a party approaches court at the first instance after they become aware about infringement of their right(s). It makes sure people start proceedings within a reasonable time. This protects the people being sued from claims where the evidence may be gone and people may not remember things clearly.

For people, banks and companies, who want to recover the money, it is very important to know within what time period they have to file a lawsuit to get their money recovered. If such a time period is miscalculated, they may not be able to recover their money back even if they are legally entitled to it. The Act also says that if someone acknowledges a debt in