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Question: What is the difference between the doctrine of limitations and acquiescence? [Punj JS 2010]Find the question and answer of Muslim Law only on Legal Bites. [What is the difference between the doctrine of limitations and acquiescence?]AnswerDoctrine of LimitationsAcquiescencePeriod of limitation means the period of limitation prescribed for any suit, appeal or application by the schedule, and the prescribed period means the period of limitation computed in accordance with the...

Question: What is the difference between the doctrine of limitations and acquiescence? [Punj JS 2010]

Find the question and answer of Muslim Law only on Legal Bites. [What is the difference between the doctrine of limitations and acquiescence?]

Answer

Doctrine of Limitations

Acquiescence

Period of limitation means the period of limitation prescribed for any suit, appeal or application by the schedule, and the prescribed period means the period of limitation computed in accordance with the provisions of the Limitation Act.

On the other hand, where a party that has a right stands by and sees acting in a manner inconsistent with that right and makes no objection while that act is in progress, he cannot afterwards complain. This act of the party is termed ‘acquiescence’.

The limitation is independent and procedural law. It does not depend upon the conduct or knowledge of any party. It is a matter of express and inflexible rules of law and applies independently of the existence of acquiescence.

Acquiescence is dependent upon the conduct or knowledge of a party and is based upon general principles.

Limitation can be pleaded generally only against the plaintiff.

Also, Acquiescence may be pleaded against the plaintiff or defendant.

Updated On 6 Jan 2023 7:34 AM GMT
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Mayank Shekhar

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