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The Future of Plaint Filed on the Last Day of Limitation without Affidavit
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Kandarp Raj Dipankar
Student at National Law University Delhi, India
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Pragya Shree
Student at National Law University Delhi, India
Abstract
This article seeks to analyze the legal ramifications that arise when a plaint is filed on the last day of limitation without the accompanying affidavit, a procedural requirement under civil litigation in India. This study will analyze whether such a filing could be reckoned as valid for purposes of limitation and what, if any, curative steps are available under law. The paper will analyze related provisions of statutes, judicial precedents, and procedural provisions to ascertain what would be the consequence of an affidavit having not been filed on the commencement of a suit. It will argue that a plaint lacking an affidavit would be procedurally defective.
Keywords
- Plaint
- Limitation Act
- rejected
Type
Research Paper
Information
International Journal of Law Management and Humanities, Volume 8, Issue 3, Page 691 - 698
DOI: https://doij.org/10.10000/IJLMH.119740Creative Commons
This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.
Copyright
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