Under Section 3, Limitation Act, it is the duty of the Court to dismiss a claim as time-barred if it is brought beyond the period prescribed in the schedule; but limitation may be saved if the plaintiff can bring himself within one of the exceptions. The burden therefore lies on the plaintiff to show that his case falls strictly within the scope of any such exception."
Thus, Order 7 Rule 6 provides that where a suit is instituted after the expiration of limitation, then the prescriptions in the Limitation law stand extended by operation of the proviso to Order 7 Rule 6 where Court may permit the plaintiff to claim exemption provided the plaint makes out a ground, upon which, exemption of law is claimed