Provision
Section 11 deals with the applicability of the Limitation Act to suits instituted in India on contracts entered into outside India.
Key Points
- Foreign Contracts
- The section addresses contracts made outside India and suits brought in Indian courts based on such contracts.
- It ensures that the Indian Limitation Act applies to these suits, regardless of where the contract was made.
- Non-Applicability of Foreign Limitation Laws
- The limitation laws of the foreign country where the contract was made do not apply to suits filed in India.
- This provision ensures uniformity and consistency in the application of limitation periods for suits filed in India.
- Applicability of Indian Limitation Act
- Indian courts will apply the limitation periods prescribed by the Limitation Act, 1963, to suits on foreign contracts.
- This avoids the complications and inconsistencies that might arise from applying different limitation laws.
- Purpose
- The section aims to provide clarity and uniformity in the application of limitation laws for suits filed in India, ensuring that all suits, regardless of the place of contract formation, are subject to the same limitation periods.
- Illustration
- If a contract is made in the USA and a suit is filed in India based on this contract, the Indian Limitation Act, 1963, will determine the limitation period for the suit, not the limitation laws of the USA.
Conclusion
Section 11 of the Limitation Act, 1963, ensures that suits based on foreign contracts filed in Indian courts are governed by Indian limitation laws. This provision brings clarity, uniformity, and consistency to the legal framework, avoiding confusion that might arise from the application of foreign limitation laws
