Law · Limitation Act, 1963
In Craft Centre v. Koncherry Coir Factories (1990), what did the Kerala High Court emphasize regarding the burden of proof under the Limitation Act?
- 1If a suit is barred by time, the court is not obligated to dismiss it even at the appellate stage.
- 2The provision of Section 3 regarding limitation is merely discretionary and not mandatory.
- 3If the suit is out of time, the plaintiff is not required to plead or prove acknowledgments relied upon to save the limitation.
- 4The plaintiff's duty is to convince the Court that the suit is within the prescribed time limit.✓
Correct answer
The plaintiff's duty is to convince the Court that the suit is within the prescribed time limit.
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