STUDY ON LAW OF PRESCRIPTION AND LAW OF LIMITATION IN THE LIGHT OF DECIDED CASES IN INDIA

Bhakti Khule, Symbiosis Law School, Hyderabad


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Abstract


The very civil procedure code confers a person’s right to appeal but does not prescribe any period of limitation for filing an appeal. The Limitation Act, 1963 appeals against a decree or order should be filled in High court with ninety days and other courts within thirty days from the date of decree or order appealed against, which is the period of time of filing up appeals. whereas, the law of Prescription usually tends to be misunderstood as a statute of limitation.


It is a very general principle of our law that law made is to only protect only diligent and watchful people and it is for everybody’s welfare that a time period should be put on litigation. Hence, they should not be kept in any sort of delusionary suspense. whereas, when it comes to the Law of Prescription the possession should have been long, peaceful, and without any lawful interruptions.



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