THE LAW OF LIMITATION 381
The Law of Limitation is based upon this principle.
That being the underlying principle, the Law of Limitation is absolute in its operation and is not subject to agreement or conduct of the parties. That is to say it is not subject to
(1) Waiver.
(2) Custom.
(3) Estoppel.
(4) Variation in respect of enlargement or abridgement of time by agreement of parties sections 28 and 23 of the Contract Act.
In this respect the Law of Limitation differs from the Law of Negotiable Instruments.
Limitation and the onus of Proof.
The onus of proof is upon the Plaintiff. He must prove that his suit is within time.
37. Bom. S. R. 471-A.I.R. 1935 September.
A by a registered lease, dated 8th July 1922, gave certain lands to B on a rental for a period of 25 years. Subsequently, A dispossessed B alleging that the lease was taken by undue influence. B brought a suit against A for an injunction restraining A from interferring in any way with his possession and enjoyment and for possession of land.
It was contended on behalf of B that A was precluded from challenging the validity of the lease, on the ground that if he had sued to have the lease set aside the suit would have been barred by Limitation. In other words, it was contended that the plea of the Defendant was barred of the Limitation.
Question is : Is Defendant bound by the Law of Limitation ? The answer is No. —Section 3 refers to Plaintiff and not to Defendant.
Plea of Limitation and the Stage of the Proceedings.
The plea of limitation may be raised at any stage of the proceedings, i. e., it can be raised even in second appeal.