Videsh Sanchar Nigam Ltd. v. Telecom District Manager
Rule established
Article 113 (residual 3-year period) of the Limitation Act applies only when no other article in the Schedule covers the suit. Where a specific article covers the subject matter, Article 113 is excluded.
Facts
- A suit was filed and the applicable limitation period was disputed
- One party argued Article 113 (3-year residual) applied
- The other party contended a specific article in the Schedule covered the suit
Issue
- When does Article 113 (residual period) apply, and when is it excluded?
Held
- Article 113 is a residual provision: it applies only when no other article covers the suit
- Where a specific article in the Schedule applies to the subject matter, Article 113 is excluded
- The court must first examine whether any specific article covers the case before defaulting to Article 113
- Article 113 is the last resort, not the first choice
Ratio Decidendi
Article 113 is residual: it applies only when no specific article covers the suit. Specific articles exclude Article 113 automatically.
How to use it in an exam
- Key line: "In Videsh Sanchar Nigam (2002), the Supreme Court held that Article 113 (residual 3 years) applies only when no other article covers the suit. Specific articles exclude it."
Source
Source: (2002) 5 SCC 448; verified via standard references
This is an educational summary, not the judgment itself. Cite the reported version in professional or academic work.
Cited in study notes
Limitation Act 1963 Key Provisions and ScheduleArticle 113 as residual provision