The Plea of Limitation XVII: Continuing Wrong

Posted on by Rudrajyoti Nath Ray

Section 22 of The Limitation Act, 1963 provides for computation of limitation in case of a continuing breach of contract or tort.

Constitution Bench in M. Siddiq v. Suresh Das, (2020) 1 SCC 1 examined precedents and observed, “a ‘continuing wrong’ arises where there is an obligation imposed by law, agreement or otherwise to continue to act or to desist from acting in a particular manner… breach is of a continuing nature, giving rise to a legal injury which assumes nature of a ‘continuing wrong’… what makes a wrong a wrong of a continuing nature is breach of a duty which has not ceased but which continues to subsist.”

A ‘continuing wrong’ occurs when a party continuously breaches an obligation imposed by law or agreement.

– Hon’ble Justice Dr. D.Y. Chandrachud, Samruddhi Co-operative Housing Society Ltd. v. Mumbai Mahalaxmi Construction Pvt. Ltd., [Civil Appeal No. 4000 of 2019].

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