380 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES
Limitation and Laches
Both have one common feature—relief is denied on the sole ground that action is not brought within time.
The distinction lies in this—In limitation time within which action shall not be brought is prescribed by Law. In laches there is no time prescribed and the Court, therefore, in granting relief works on the principle of unreasonable delay.
In India the doctrine of laches has not much scope because of the Law of Limitation which has prescribed a definite time limit for almost all actions. It does not, therefore, matter whether a man brings his suit on the first day or the last day of the period prescribed by law for his action.
The doctrine of laches applies in India only in the following cases:
(1) Where the relief to be granted by the Court is discretionary.
This is so
(i) In cases falling under specific relief.
(ii) In cases falling under interlocutory relief.
(2) Where the Law of Limitation does not apply e.g. Matrimonial suits
Delay would mean that the offence was condoned.
3 The object of Limitation
- Two things are necessary for a well-ordered community
(i) Wrongs must be remedied.
(ii) Peace must be maintained.
To secure peace of the community it is necessary that titles to property and matters of right in general should not be in a state of constant uncertainty, doubt and suspense.
Consequently, if persons are to be permitted to claim relief for what they think are wrongs done to them, then they must be compelled to seek relief within a certain time. There is nothing unjust in denying relief to a person who has tolerated the wrong done to him beyond a certain period.