Section 3 of Limitation Act "Bar of limitation"
(1) Subject to the provisions contained in sections 4 to 24 (inclusive) every suit instituted, appeal preferred, and application made after the prescribed period shall be dismissed although limitation has not been set up as defense;
1. For the purposes of this
Act,
1. a suit is instituted, in an ordinary case, when the
plaint is presented to the proper officer;
2. the case of a pauper, when his application for leave
to sue is a pauper is made; and
3. the case of a claim against a company which is being
wound up by the court, when the claimant first sends in his
claim to the official liquidator;
1. any claim by way of a set-off or a counter claim, shall
be treated as a separate suit and shall be deemed to have
been instituted-
2. in the case of a set-off, on the dame date as the suit in
which the set off is pleaded;
3. in the case a counter claim, on the date on which the
counter claim is made in court;
1. an application by notice of motion in a High Court is
made when the application is presented to the proper officer
of that court;