RULING
This is an application by the defendant for dismissal of the plaintiff’s suit for being statute barred and alternatively for grant of prosecution. The application is brought under the provisions of Section 7 of the Limitation of Actions Act Order XVI Rule 5 and Section 3A of the Civil Procedure Act. The application is based on the grounds that the plaintiff’s right to recover the suit property expired on or about 13th December, 1990 pursuant to the provisions of the Limitation of Actions Act and that for more than three (3) months from the day the suit was listed for hearing the plaintiff has failed to list the same for hearing. There is a supporting and a supplementary affidavit sworn by counsel for the defendant which affidavits elaborate the above grounds.
The plaintiff has opposed the application on the basis of its counsel’s replying affidavit sworn on 27th November, 2009 and Grounds of Opposition filed by the same counsel. The gist of the opposition is that the application…