https://www.taxtmi.com/caselaws?id=294496 Section 3(1) of the Limitation Act requires a court to dismiss a suit filed beyond time even if limitation is not separately pleaded. Where the trial court has already found the suit barred by limitation under Article 59, an appellate court cannot reverse the decree on merits without first addressing that finding. In this matter, the plea of limitation had been taken in the written statement and decided at trial, but the first appellate court and the High Court did not set aside the limitation finding. The matter was therefore remanded for a limited determination of whether the suit was time-barred. en-us Wed, 16 Apr 2008 00:00:00 +0530 Sat, 17 Apr 2021 17:54:49 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=294496 Section 3(1) of the Limitation Act requires a court to dismiss a suit filed beyond time even if limitation is not separately pleaded. Where the trial court has already found the suit barred by limitation under Article 59, an appellate court cannot reverse the decree on merits without first addressing that finding. In this matter, the plea of limitation had been taken in the written statement and decided at trial, but the first appellate court and the High Court did not set aside the limitation finding. The matter was therefore remanded for a limited determination of whether the suit was time-barred. Case-Laws Indian Laws Wed, 16 Apr 2008 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=294496