law: Court Fees Act, 1850 
  3.Bar of limitation  .- 
  (1) Subject to the provisions contained in sections 4 to 24
  
  (inclusive), every suit instituted, appeal preferred, and application made
  
  after the prescribed period shall be dismissed, although limitation has not
  
  been set up as a defense.
  (2) For the purposes of this Act,--
  (a) a suit is instituted,--
  (I) in an ordinary case, when the plaint is
  
  presented to the proper officer;
  (ii) in the case of a pauper, when his application
  
  for leave to sue as pauper is made; and
  (iii) in the case of a claim against a company
  
  which is being wound up by the court, when the claimant first sends in his
  
  claim to the official liquidator;
  (b) any claim by way of a set off or a counter
  
  claim, shall be treated as a separate suit and shall be deemed to have been
  
  instituted—
  ( i ) in the case of a
  
  set off, on the same date as the suit in which the set off is pleaded;
  (ii) in the case of a counter claim, on the
  
  date on which the counter claim is made in court;
  (c) an application by notice of motion in a
  
  High Court is made when the application is presented to the proper officer of
  
  that court.