History of Dharmashastra (Ancient and Mediaeval Religious and Civil Law in India) v4.c63.517

v4.c63.517

Something must be said about the law of Limitation. In the smṛtis and digests rules of Limitation play very little part for several reasons. As on spiritual grounds, which will be set out under the title of ṛṇādāna, not only the debtor, but also his sons, grandsons and great-grandsons were liable to pay a debt (Mit. on Yāj. II. 50), there was no scope at all for prescribing any period of limitation so far as recovery of debts was concerned. Unpaid purchase money was treated as a debt. In other matters also the smṛtis and dharmaśāstras, under the influence of religious and other-worldly considerations always lean against allowing mere lapse of time to prevent a man from asserting his just rights. But rarely there were writers who were more secular and laid down periods of limitation. For example, Kauṇḍinya⁶⁵⁶ (quoted in V. Mātṛkā p. 341) holds that a debt not claimed for ten years cannot be recovered except when the creditor was a minor or very old or was a woman or was suffering from disease or there was confusion due to invasion or (the creditor or debtor) had left the country. Some important rules on the law of Limitation are set out here in one place: