Principle of Limitation and Laches in Nepali Procedural Law

The principles of limitation and laches are fundamental aspects of procedural law that ensure fairness and efficiency in legal proceedings. Limitation refers to the legally prescribed time within which a lawsuit must be filed. It prevents indefinite delays and ensures that disputes are resolved within a reasonable timeframe. Most legal systems have codified limitation periods for different types of cases to promote certainty and protect defendants from stale claims.

On the other hand, laches is an equitable doctrine that bars claims where an unreasonable delay in filing has prejudiced the defendant. Unlike limitation, which is strictly based on statutory timeframes, laches considers factors like delay, negligence, and harm to the opposing party. Both principles uphold judicial efficiency by discouraging frivolous claims and ensuring that justice is sought promptly. They reflect the idea that the law favors the diligent, reinforcing procedural discipline and protecting the integrity of the legal system.

The law sets the time limit for initiating legal proceedings from the date of occurrence of the cause of action or offence. It is the limitation of time for bringing the case to the court with proper jurisdiction. The length of time for entering into the court varies depending upon the nature and gravity of the offence, the subject matter of dispute, and also the importance of the subject. In some serious offences, there is no time limit for filing a case. The case may be filed at any time. In general, limitation means the time limit to enter into court in regard to file any plaint. If the time is not prescribed, then the party of the case may enter the court at any time, which creates uncertainty in society.

The statute of limitations fixes a limit within which an action must be brought. It is intended to run against those who are neglectful of their rights and who fail to use reasonable and proper diligence in their enforcement, as stated by Muluki Civil Procedure Code, 2074 Sec 16(2). The statutes of limitations are designed to promote justice by preventing surprises through the revival of claims that have been allowed to slumber until evidence has been lost, memories have faded, and witnesses have disappeared. The theory is that even if one has a just claim, it is unjust not to put the adversary on notice to defend within the period of limitation and the right to be free of stale claims in time comes to prevail over the right to prosecute them.

There are several purposes of the statute of limitation. First, the main purpose for a statute of limitations is to ensure lawsuits can be dealt with promptly. If a person has suffered from an injustice and desires to file a lawsuit against another for an injury or claim, they should pursue the lawsuit with reasonable diligence in time. The second main purpose is to minimize the destruction of evidence. The physical evidence may deteriorate and become undiscoverable, and the oral evidence may weaken after the passage of time. Finally, the purpose of the time limitation is to create certainty and protect people from being sued and harassed after a long time. If it is allowed to file a suit after a long period, there will be no certainty as there exists fear of being sued at any time.

Procedural law always aims to maintain certainty in the case proceeding, whether it is civil or criminal. So, the principle of limitation has been very important and is one of the very important elements of a lawsuit. While filing any lawsuit, the plaintiff must convince the court that s/he has appeared in court within the prescribed limitation of statute.

One should be conscious of one's rights. When a right of an individual is invaded by others, then an individual must know that there is a prescribed time limit to seek justice in court. An individual cannot plead or make the excuse that s/he has no knowledge of limitation regarding the filing of a case as there is a popular maxim "Ignorance of law is no excuse". So Chapter 5 of Civil Procedure Code 2074 has incorporated the legal provision related to limitation.

If the case is not registered in time, the evidence related to the case may be destroyed. Some crime scenes are supposed to be investigated immediately for the collection of evidence before it gets contaminated. The offender can freely enjoy society, and the victim will not get justice in time if the time limitation is not prescribed for the registration of the case. Moreover, the offender may destroy evidence and abscond.

A plaint shall be filed within the prescribed time limit as per law. If any person appears in court with a plaint contrary to the limitation prescribed by law, such a plaint shall not be registered. Even if such a complaint has been registered for any registered for any reason, such a complaint shall be revoked. 89

If no limitation is prescribed for any matter, the plaint may be filed at any time. If the limitation of any person has expired because of deception, forgery, fraud, or conspiracy, a plaint can be filed within 90 days from the date of knowledge setting out the matter.

If the day on which the limitation expires falls on a public holiday, the person can file the complaint the first day after the office reopens. In such case, the plaint is considered to be registered within the prescribed limitation as per law,

If the person who has to file a suit is a minor, the limitation shall be deemed to have commenced in his/her case from the day on which s/he attains majority. If a person with unsound mind has to file a case, the limitation for such person commences from the day s/he becomes of sound mind."

If the plaint cannot be filed within the prescribed limitation because of the situation beyond the control of the party as defined by Section 58 of the National Civil Procedure Code 2017, the limitation will not expire. In such a condition, the one who appears with a complaint in court shall produce an application along with a justifiable reason.

The Supreme Court, in the case of revocation of will, Bijaya Bahadur Shahi v Hari Prasad Poudel, held that if there is time limit specified by law for filing a plaint or complaint in particular case the person entering the court to seek judicial remedy must seek remedy by following the time limitation specified by law. The court, while settling the dispute first of all has to determine whether the plaint has been filed within the time limit or not and has to enter into the merit of the case and decide it based on relevant law and evidence only if the plaint has been file within the statute of limitation specified by law. The time limit for filing the case cannot be extended or contracted as per the will of the parties but determined by the law made by the legislature.

The principle of latches is applied in writ procedure. It is based on the principle that if the individual's right is violated and s/he enters in court with undue delay, s/he cannot get justice. The court cannot help one who is not conscious of his/her rights. The principle of latches will examine whether a delay in asserting a claim is reasonable or not. So, the one whose right has been encroached has to be present in reasonable time. Latches is different from limitation as defined by law however, latches is determined by the court.

The principles of limitation and laches are essential in maintaining procedural discipline and ensuring timely justice. Limitation laws provide certainty by setting fixed timeframes for legal actions, while laches prevent undue delays that may harm defendants. These principles uphold fairness, protect evidence, and reinforce judicial efficiency. By preventing indefinite litigation, they safeguard both the rights of individuals and the stability of the legal system.