AIR 1917 CALCUTTA 514

Calcutta High Court

Hon'ble Judge(s): Woodroffe, Chaudhuri , JJ

Limitation Act (9 of 1908) , — Provisions of Act apply to claim for enforcement of rights by plaintiffs - Rights set up in defence not precluded, illustrated. The provisions of the Limitation Act prescribing a limit of time for enforcement of rights and remedies apply only to actions brought by the plaintiff, and not to rights set up in defence. A defendant will not be precluded from setting up a right by way of defence even if he could not have done so under the Limitation Act as plaintiff by way of substantive claim. In a suit for declaration of title and recovery of possession of a property from the-defendants on the basis of a document, it is-open to the defendants to impugn the document, even though their right to get the document set aside or modified by a suit has been barred by limitation.