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Section 3 of the Limitation Act, 1963 (the bar of limitation) imposes a duty on the Court. What is that duty, and how does it relate to the Court's jurisdiction?
Answer & Solution
Correct answer: B.
1. Section 3 of the Limitation Act, 1963 provides that any suit, appeal or application made beyond the prescribed period of limitation, **it is the duty of the Court NOT to proceed with such suits IRRESPECTIVE of the fact whether the plea of limitation has been set up in defence or not**.
2. The provisions of Section 3 are **mandatory**. The Court can **suo motu** take note of the question of limitation.
3. However, the effect of Section 3 is **NOT to deprive the Court of its jurisdiction**. A decree passed in a time-barred suit is **NOT a nullity**.
4. *Noharlal Verma v. District Cooperative Central Bank Limited, Jagdalpur, (SC), 2008* — if the statute stipulates a particular period of limitation, no concession or order would make an application barred by time to be within the limitation.
_Source: ICSI CS Executive — Lesson 7, 'Bar of Limitation (Section 3)' + Noharlal Verma case box, p. 154._
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