"The Law of limitation bars the remedy in a Court of law only when the period of limitation has expired, but it does not extinguish the right." Elucidate the statement. Whether court can Suo moto take note of the questio

The law relating to limitation is incorporated in the Limitation Act of 1963(the Act), which prescribes different periods of limitation for suits, petitions or applications. The Act applies to all civil proceedings and some special criminal proceedings which can be taken in a Court of law unless its application is excluded by any enactment. The Law of limitation indeed bars the remedy in a Court of law only when the period of limitation has expired, but it does not extinguish the right that it cannot be enforced by judicial process (Bombay Dyeing & Mfg. Co. Ltd. v. State of Bombay, AIR 1958 SC 328) Thus, if a claim is satisfied outside the Court of law after the expiry of period of limitation, that is not illegal. Section 3 of the Act provides that any suit, appeal or application if 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 defense or not. The provisions of Section 3 are mandatory. The Court can suo motu take note of the question of limitation. The question whether a suit is barred by limitation should be decided on the facts as they stood on the date of presentation of the plaint. It is a vital section upon which the whole limitation Act depends for its efficacy. The effect of Section 3 is not to deprive the Court of its jurisdiction. Therefore, the decision of a Court allowing a suit which had been instituted after the period prescribed is not vitiated for want of jurisdiction. A decree passed in a time barred suit is not a nullity. In the case of Noharlal Verma vs. District Cooperative Central Bank Limited, Jagdalpur, (SC), 2008 , the Supreme Court observed that, 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 and the authority had no jurisdiction to consider such application on merits.