THE LAW OF LIMITATION 391
IV. LAW OF LIMITATION
Questions arising out of Column 3
Subject-matter of Column 3
1. Column 3 deals with the starting point of Limitation. Two Questions arise—
(1) When does time begin to run ? What is the starting point of Limitation ?
(2) Is there only one starting point of Limitation? Or Can there be a fresh starting point of Limitation ?
I. When does time begin to run ?
What is the starting-point of Limitation.
1. The answer to the question as to when time begins to run is this. Time in respect of the institution of a suit, appeal or application begins to run from the occurence of the event mentioned in Column 3. In most cases the event is the incident. But in some cases it is the knowledge of the incident to the Plaintiff—90-92. Whether it is the incident or the knowledge of the incident, in any case the occurence of the event in Column 3 marks the starting point of limitation.
Two questions with respect to right to sue and cause of action.
(1) Must a Plaintiff sue when there is a cause of action ?
2. Confining to suits it may be said that time begins to run when the right to sue arises—Article 120. This is the first fundamental Rule.
When does the right to sue arise ? It arises—
(i) When the event mentioned in column 3 occurs if the suit falls under any of the articles.
(ii) When the suit does not fall under any specific article but falls under the general article (120) then right to sue accrues when the cause of action arises or in certain cases knowledge that cause of action has arisen comes to the Plaintiff, so that time begins to run from the occurence of the cause of action or from the date of the knowledge of the cause of action.