Section 23 deals with the limitation period for suits for compensation for acts that are not actionable without special damage.
Key Points:
1. Special Damage Requirement:
- Some wrongful acts are not actionable unless they result in special damage to the plaintiff.
- The limitation period for such suits begins when the special damage occurs.
2. Commencement of Limitation Period:
- The limitation period does not begin from the date of the wrongful act itself but from the date when the special damage resulting from the act is suffered by the plaintiff.
- This ensures that the plaintiff is not unfairly barred from filing a suit due to a delay in the manifestation of the damage.
3. Purpose:
- Section 23 ensures that the limitation period is fair and reasonable in cases where the damage is not immediately apparent.
- It protects the rights of plaintiffs to seek compensation for damages that manifest over time.
4. Illustration:
- If a company’s negligent act causes a latent defect in A’s property that results in damage two years later, the limitation period for A’s suit begins from the date the damage occurs, not the date of the negligent act.
By addressing these provisions, Section 23 of the Limitation Act, 1963, ensures fairness in determining the limitation period for suits involving special damage, allowing plaintiffs sufficient time to seek redress for damages that may not manifest immediately.
