Extension of limitation period due to continuing tort
Ans:
Section 23 in The Limitation Act, 1963
Suits for compensation for acts not actionable without special damage.—In the case of a suit for compensation for an act which does not give rise to a cause of action unless some specific injury actually results therefrom, the period of limitation shall be computed from the time when the injury results.
Continuing tort.-Continuing tort means a wrongful act which produces a state of affairs, every moment's continuance of which is a new wrong (i.e., which is a continuing source of injury) and is of such a nature as render the does of it responsible for the continuance. Where the wrongful act does not produce such a state of affairs but is a fleeting act like a slander uttered or a slap on the cheek, it is not a continuing tort.
A husband or wife has a right to the society of his or her spouse. The duty of the latter is a continuing duty inasmuch as it is a duty to continue to give society. A breach of this obligation is a continuing tort within the meaning of this section and time will begin to run at every moment of the time during which the society is withheld.
In Solonoh Tea Company Ltd. v. Superintendent of Taxes, AIR 1990 SC 772, and Cotton Corporation of India Ltd. v. M/s. Hindustan Cotton Co., AIR 1995 Bombay 124, the Apex Court and Bombay High Court respectively reiterated the view that the provision of Section 23 of the Act are attracted in the cases of tort and losses incurring thereby.
Extension of limitation period due to continuing tort
(Rao Raja Sir Seth Hukum Chand v. Maharaj Bahadur Singh, A.I.R. 1933 P.C. 193).
Disturbance of the right of worship is a continuous tort. Thus, where the plaintiffs (Digamber Jains) had been worshipping certain charans (footprints) on the Parasnath hill, but the defendants (Swetamber Jains) removed those charans and replaced them by charans of a different type abnoxious to the plaintiffs, it was held that the action of the defendants was a continuing wrong (tort) in respect of which a fresh period of limitation began to run every moment of the day on which the wrong continued.
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