DahibenVs.Respondent: Arvindbhai Kalyanji Bhanusali (D) thr. L.Rs. and Ors.AIR2020SC3310 =MANU/SC/0508/2020

Limitation Act.

If a suit is based on multiple causes of action, the period of limitation will begin to run from the date when the right to sue first accrues.

The period of limitation prescribed Under Articles 58 and 59 of the 1963 Act is three years, which commences from the date when the right to sue first accrues.

In Khatri Hotels Pvt. Ltd. and Anr. v. Union of India and Anr., MANU/SC/1054/2011 : (2011) 9 SCC 126 Court held that the use of the word ‘first’ between the words ‘sue’ and ‘accrued’, would mean that if a suit is based on multiple causes of action, the period of limitation will begin to run from the date when the right to sue first accrues.

That is, if there are successive violations of the right, it would not give rise to a fresh cause of action, and the suit will be liable to be dismissed, if it is beyond the period of limitation counted from the date when the right to sue first accrued.

Dahiben
Vs.
Respondent: Arvindbhai Kalyanji Bhanusali (D) thr. L.Rs. and Ors.
AIR2020SC3310 =
MANU/SC/0508/2020

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