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Pundlik Jalam Patil Vs Jalgaon Medium Project (2008)

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Pundlik Jalam Patil Vs. Jalgaon Medium Project (2008)

Honourable Supreme Court of India

Pundlik Jalam Patil Vs. Jalgaon Medium Project (2008) 17 SCC 448

Honourable Supreme Court of India has held that laws come to the assistance of those who are vigilant of their rights. It is held that the object for fixing time­limit for litigation is based on public policy fixing a life span for legal remedy for the purpose of general welfare.

The laws of limitation are founded on public policy. Statutes of limitation are sometimes described as “statutes of peace”. An unlimited and perpetual threat of limitation creates insecurity and uncertainty; some kind of limitation is essential for public order.

The principle is based on the maxim “interest reipublicae ut sit finis litium”, that is, the interest of the State requires that there should be end to litigation but at the same time laws of limitation are a means to ensure private justice suppressing fraud and perjury, quickening diligence and preventing oppression.

The object for fixing time­limit for litigation is based on public policy fixing a lifespan for legal remedy for the purpose of general welfare. They are meant to see that the parties do not resort to dilatory tactics but avail their legal remedies promptly. Salmond in his Jurisprudence states that the laws come to the assistance of the vigilant and not of the sleepy.

Drafted By Abhijit Mishra