One of my clients recently had a case which I am explaining below and if you are stuck in such similar situation, here is what to do.

Note: Due to attorney-client privilege, I cannot disclose complete case details or identify the actual parties involved. However, I am sharing the essential facts and legal approach so that if you find yourself in a similar situation, you can understand the available solutions and legal remedies.

Mr. X approached me after his civil suit was dismissed by the City A District Court due to being time-barred under the Limitation Act, 1963. He had suffered financial losses due to breach of contract by XYZ Pvt Ltd in DD/MM/2020, but filed his suit in DD/MM/2023, believing he had three years from the date of contract signing rather than from the date of breach. Additionally, he had paid incorrect court fees initially, causing further delays when the court registry rejected his plaint. His previous lawyer had miscalculated both the limitation period and the required court fees under the Area X Court Fees Act. The case involved a contractual dispute worth Rs. 50 lakhs, where Mr. X had supplied goods to XYZ Pvt Ltd but never received payment despite multiple reminders and notices.

Advice in Such Cases

Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation to come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

• Always verify limitation periods immediately when a cause of action arises
• Calculate court fees accurately using the applicable state court fees act
• File applications under Section 5 of Limitation Act for condonation of delay if within reasonable time
• Maintain proper documentation of all dates and communications to establish timelines

Applicable Sections of Law

Under the Bharatiya Nyaya Sanhita (BNS), Section 61 deals with breach of contract matters. The Bharatiya Nagarik Suraksha Sanhita (BNSS) Section 468 provides procedures for civil matters. The Limitation Act, 1963 Section 5 allows condonation of delay in exceptional circumstances. Article 113 of the Limitation Act provides three years limitation for breach of contract cases from the date of breach. State Court Fees Acts determine the fees payable based on the suit value and nature of relief sought.

If You Are the Complainant

• File application under Section 5 of Limitation Act immediately explaining reasons for delay
• Gather all evidence showing continuous cause of action or acknowledgment of debt
• Calculate exact limitation period from the correct starting date of cause of action
• Pay correct court fees as per the applicable state court fees act schedule
• File appeal if trial court dismisses the limitation condonation application

If You Are the Victim

• Document the exact date when breach or cause of action occurred
• Send legal notices within reasonable time to preserve rights
• Maintain records of all payments made and services rendered
• File suit well within limitation period, preferably within first year
• Keep copies of all contracts and communications as evidence

How the Police Behave in Such Cases

Limitation period and court fee matters are purely civil in nature, so police involvement is generally not applicable. However, if the breach of contract involves criminal elements like cheating or criminal breach of trust, police may register FIR under relevant BNS sections. In such cases, both civil and criminal remedies can be pursued simultaneously, with different limitation periods applying to each forum.

FAQs People Normally Have

• Can limitation period be extended? Yes, under Section 5 of Limitation Act if sufficient cause is shown
• From which date does limitation start? From the date when cause of action arises, not contract signing date
• What if wrong court fees paid? Court will give opportunity to pay deficit fees within specified time
• Is limitation period same in all states? Limitation Act is central law but court fees vary by state

What Evidence Is Required?

• Original contract documents and purchase orders
• Proof of goods delivered or services rendered
• Invoices, receipts, and payment records
• Legal notices sent and acknowledgments received
• Email communications and WhatsApp messages
• Bank statements showing transactions
• Witness statements from persons involved in transactions

How Long Will the Investigation Take?

Civil suits involving breach of contract typically take 2-5 years for final judgment, depending on court workload and case complexity. If limitation condonation application is filed, it may take 6-12 months for decision. Appeals can extend the process by another 1-2 years. Complex commercial disputes may require longer duration if expert evidence or extensive documentation review is needed.

Advocate Sudhir Rao, Supreme Court of India