Mere filing of representation does not extend the period of Limitation #indianlaws

The law does not permit extension of period of limitation by mere filing of a representation.

The present case dealt with the law of limitation in filing suit. The trial court and also the Appellate Courts up till High Court held that the limitation would begin to run from the date when last representation relating to issue was made.
The present was the service matter and the trial Court had taken the view that the period of limitation would start from the date on which last representation made by the Respondent (employee) was decided.

The suit filed was, however, held to be hopelessly time barred by law of limitation. It was held that simply by making a representation, when there is no statutory provision or there is no statutory appeal provided, the period of limitation would not get extended. The law does not permit extension of period of limitation by mere filing of a representation. A person may go on making representations for years and in such an event the period of limitation would not commence from the date on which the last representation is decided.

The position of law as well settled suggest that the period of limitation would commence from the date on which the cause of action takes place. Had there been any statute giving right of appeal to the Respondent in the present case and if the Respondent had filed such a statutory appeal, the period of limitation would have commenced from the date when the statutory appeal was decided. The Respondent in the present case kept on making representations one after another and all the representations had been rejected. It was held that submission of the Respondent to the effect that the period of limitation would commence from the date on which his last representation was rejected cannot be accepted. If accepted, it would be nothing but travesty of the law of limitation. One can go on making representations for 25 years and in that event one cannot say that the period of limitation would commence when the last representation was decided.

State of Tripura & Ors. vs. Arabinda Chakraborty & Ors.
(SC, 21.04.2014)