Section 22 addresses the limitation period in cases of continuing torts and breaches.
Key Points:
1. Continuing Torts:
- For torts (civil wrongs) that are continuing, a fresh period of limitation begins at every moment of the time during which the tort continues.
- This means that as long as the wrongful act continues, the limitation period keeps renewing.
2. Continuing Breaches of Contract:
- In cases of continuing breaches of contract, the limitation period similarly renews at every moment during which the breach continues.
- This allows the aggrieved party to bring a suit as long as the breach is ongoing.
3. Purpose:
- Section 22 ensures that victims of ongoing wrongful acts or breaches are not barred from seeking legal redress due to the continuous nature of the wrong or breach.
- It provides a fair opportunity for the aggrieved party to take legal action as long as the wrongful act or breach persists.
4. Illustration:
- If a neighbor continuously dumps waste on A’s property every day, A has a fresh cause of action each day the tort continues, resetting the limitation period daily.
By addressing these provisions, Section 22 of the Limitation Act, 1963, provides clarity on continuing wrongs, ensuring that victims are not disadvantaged by the ongoing nature of torts or breaches.
