Consumer lawsuit against the lifting of the "statute of limitations"

⚖️ Summary of legal issues:

Supreme Court Judgment No. 1765 / 2025

This case is a very interesting norm for the process of conducting a "consumer case," which is more flexible than a typical civil case, with simple details:

🔍 The point of the case (summary of events)

Problem (DEC): Filing a lawsuit against the defendant to charge public services.

Defendant (Mr. Th.): Let the fight be made that the prosecution charges for public services in excess of five years, which is "out of age."

Problems to be diagnosed: Does the defendant's testimony in this way constitute a sufficient indication of the lack of age of clarity to raise the issue of age in the case?

📚. Related legal clauses

1 B.C.E. Section 142 (5): The principle of prohibiting a court of judgment from exceeding an application, unless it is a matter of order.

2 Consumer Procedure Act, 2008, Section 7: Application of the Compulsory Procedure to Consumer Cases to the extent that it is not contrary or controversial.

3 Consumer Procedure Act, 2008, Section 26: The centerpiece of which requires that consumer proceedings be "not as strict" as ordinary civil cases; courts have the power to order that defective testimony be corrected to be clearly valid.

⚖️ norms laid down by the courts.

The Supreme Court ruled that, although usually for life, the defendant must give an express fight (because it is not an issue of order that the court can raise itself), but in the "consumer case":

The impurity of the ceremony: The defendant's testimony to sue for more than five years lacks age; the defendant is considered to have "clearly shown cause" of lack of age.

Functions of the Court: When the issue of age arises, what age or what legal chapter must be adjusted? It is the duty of the court in consumer cases to adjust the legal chapter.

Conclusion: The court will not rule out the defendant's rights simply because the testimony may be incomplete in accordance with the general civil law, but will determine the intent that the defendant wants to raise as a counterpart in order to achieve maximum justice for the litigant.

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