Which of the following is true ........

Limitation Act (LA) 1963 Limitation of Suits etc

Which of the following is true?

Section 3 of the Limitation Act enjoins a court to dismiss any suit instituted, appeal preferred and application made, after the period of limitation prescribed therefore by the Schedule

The dismissal is irrespective of the fact whether the opponent had set up the plea of limitation or not

Both a and b

Neither a nor b

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Explanation:

Section 3 –
3. Bar of limitation. (1) Subject to the provisions contained in sections 4 to 24 (inclusive), every suit instituted, appeal preferred, and application made after the prescribed period shall be dismissed although limitation has not been set up as a defence. (2) For the purposes of this Act- (a) a suit is instituted- (i) in an ordinary case, when the plaint is presented to the proper officer; (ii) in the case of a pauper, when his application for leave to sue as a pauper is made; and (iii) in the case of a claim against a company which is being wound up by the court, when the claimant first sends in his claim to the official liquidator; (b) any claim by way of a set off or a counter claim, shall be treated as a separate suit and shall be deemed to have been instituted- (i) in the case of a set off, on the same date as the suit in which the set off is pleaded; (ii) in the case of a counter claim, on the date on which the counter claim is made in court; 4(c) an application by notice of motion in a High Court is made when the application is presented to the proper officer of that court