Limitation Act-Continuing cause of action

Limitation Act, 1963- Section 22 and Articles 85 and 87- Limitation for continuing breaches and torts- Encroachment of a public property, like a public road is a public wrong. So long as any obstruction or obstacle is created to free and unhindered access and movement on the road, wrongful act continues. Being a continuing source of wrong and injury, cause of action is created as long as such injury continues.
Hari Ram -vs- Jyoti Prasad reported at (2011) 2 SCC 682.

No comments:

Post a Comment