An agreement not to raise the plea of limitation is
An agreement not to raise a limitation defence is void because private consent cannot displace the court's statutory duty. Section 3 of the Limitation Act requires dismissal…
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An agreement not to raise the plea of limitation is
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An agreement not to raise a limitation defence is void because private consent cannot displace the court's statutory duty. Section 3 of the Limitation Act requires dismissal of a proceeding filed after the prescribed period, subject to the Act's exceptions, even when limitation is not pleaded. A properly executed promise to pay a time-barred debt under section 25(3) is a separate matter.
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