Where a suit or appeal is instituted or preferred after the period of LIMITATION has expired, the effect under the Limitation Act, 1963 is that the court:

Section 3(1) of the Limitation Act provides that, subject to the provisions contained in the sections relating to a private party, every suit instituted, appeal preferred, or application made AFTER the period of limitation prescribed shall be DISMISSED, although limitation has not been set up as a defence. The court is to examine the limitation question even in the absence of a plea. However, Section 3 must be read with the curable provisions - an application to admit an appeal after time under Section 5, or exclusion of time under Section 14. Limitation is thus an absolute bar that the court applies of its own motion.