act 009 of 1871 : Limitation Act, 1871 [Repealed]

Limitation Act, 1871 [Repealed]

ACTNO. 9 OF 1871
03 December, 1872
Repealed by Act 15 of 1877

Passed by the Governor General of India in Council.

(Received the assent of the Governor General on the 24th of March 1871.)

An Act for the Limitation of Suits and for other Purposes.

PREAMBLE

Whereas it is expedient to consolidate and amend the law relating to the limitation of suits, appeals and certain applications to Courts; And whereas it is also expedient to provide rules for acquiring ownership by possession; It is hereby enacted as follows:

Part I

PRELIMINARY

Section 1. Short title

This Act may be called The Indian Limitation Act, 1871:

Extent of Act. It extends to the whole of British India; but nothing contained in sections two and three or in Parts II and III applies

(a) to suits instituted before the first day of April, 1873,

(b) to suits under the Indian Divorce Act,

(c) to suits under Madras Regulation VI of 1831.

Commencement. This Act shall come into force on the first day of July 1871.

Section 2. Repeal of enactments

On and from that day the enactments mentioned in the first schedule hereto annexed shall be repealed to the extent specified in the third column of the same schedule.

Section 3. Interpretation-clause

In this Act, unless there be something repugnant in the subject or context

minor means a person who has not completed his age of eighteen years:

plaintiff includes also any person through whom a plaintiff claims:

nusance means any thing done to the hurt or annoyance of another's immoveable property and not amounting to a trespass:

bill of exchange includes also a hunds :

trustee does not include a ben m d r, a mortgagee remaining in possession after the mortgage has been satisfied, or a wrong-doer in possession without title:

registered means duly registered under the law for the registration of documents in force at the time and place of executing the document referred to in the context:

foreign country means any country other than British India;

and nothing shall be deemed to be done in good faith which is not done with due care and attention.

Part II

LIMITATION OF SUITS, APPEALS AND APPLICATIONS

Section 4. Dismissal of suits &c. instituted, &c., after period of limitation

Subject to the provisions contained in sections five to twenty-six (inclusive), every suit instituted, appeal presented, and application made after the period of limitation prescribed therefor by the second schedule hereto annexed, shall he dismissed, although limitation has not been set up as a defence.

Explanation. A suit is instituted in ordinary cases when the plaint is presented to the proper officer: in the case of a pauper, when his application for leave to sue as a pauper is filed; and 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.

Illustrations.

(a). A suit is instituted after the prescribed period of limitation. Limitation is not set up as a defence and judgment is given for the plaintiff. The defendant appeals. The appellate court must dismiss the suit.

(b). An appeal presented after the prescribed period is admitted and registered. The appeal shall, nevertheless, be dismissed.

Section 5. a. Proviso where court is closed when period expires

If the period, of limitation prescribed for any suit, appeal or application expires on a day when the Court is closed, the suit, appeal or application may be instituted, presented or made on the day that the Court re-opens:

b.Proviso as to appeals and applications for review. Any appeal or application for a review of judgment may be admitted after the period of limitation prescribed therefor, when the appellant or applicant satisfies the Court that he had sufficient cause for not presenting the appeal or making the application within such period.

Section 6. Different periods of limitation prescribed by local laws

When, by any law not mentioned in the schedule hereto annexed and now or hereafter to be in force in any part of British India, a period of limitation differing from that prescribed by this Act is specially prescribed for any suits, appeals or applications, nothing herein contained shall affect such law.

Appeals from decree of High Court on original side. And nothing herein contained shall affect the periods of limitation prescribed for appeals from, or applications to review, any decree, order or judgment of a High Court in the exercise of its original jurisdiction.

Legal Disability

Section 7. Legal Disability

If a person entitled to sue be, at the time the right to sue accrued, a minor, or insane, or an idiot, he may institute the suit within the same period after the disability has ceased, or (when he is at the time of the accrual affected by two disabilities) after both disabilities have ceased, as would otherwise have been allowed from the time prescribed therefor in the third column of the second schedule hereto annexed.

When his disability continues up to his death, his representative in interest may institute the suit within the same period after the death as would otherwise have been allowed from the time prescribed therefor in the third column of the same schedule.

Nothing in this section shall he deemed to extend, for more than three years from the cessation of the disability or the death of the person affected thereby the period within which the suit must be brought.

Illustrations.

(a), The right to sue for the hire of a boat accrues to A during his minority. He comes of age four years after the accrual of the right. He may institute his suit at any time within three years from the date of his coming of age.

(b). A, to whom a right to sue for a legacy has accrued during his minority, attains full age eleven years after such right accrued. A has, under the ordinary law, only one year remaining within which to sue. But under this section an extension of two years will be allowed him, making in all a period of three years from the date of his majority, within which he may bring his suit.

(c). A right to sue for an hereditary office accrues to A, who at the time is insane. Six years after the accrual of the right A recovers his reason. A has six years, under the ordinary law, from the date when his insanity ceased within which to institute a, suit. No extension of time will be given him under this section.

(d), A right to sue as landlord to recover possession from a tenant accrues to A who is an idiot. A dies three years after the accrual of the right, his idiocy continuing up to the date of his death. A's representative in interest has, under the ordinary law, nine years from the date of A's death within which to bring a suit. This section does not extend that time.

Section 8. Disability of one joint creditor

When one of several joint creditors or claimants is under any such disability, and when a discharge can he given without the concurrence of such person, time wall run against them all: but where no such discharge can he given, time will not run as against any of them until they all are free from disability.

Section 9. Continuous running of time

When once time has begun to run, no subsequent disability or inability to sue stops it:

Provided that where letters of administration to the estate of a creditor have been granted to his debtor, the running of the time prescribed for a suit to recover the debt shall be suspended while the administration continues.

Section 10. Suits against express trustees and their representatives

Notwithstanding anything hereinbefore contained, no suit against a person in whom property has become vested in trust for any specific purpose, or against his representatives, for the purpose of following in his or their hands such property, shall be barred by any length of time.

Explanation. A purchaser in good faith for value from a trustee is not his representative within the meaning of this section.

Section 11. Suits on foreign contracts

Suits in British India on contracts entered into in a foreign country are subject to the rules prescribed by this Act.

Section 12. Foreign limitation law

No foreign rule of limitations shall be a defence to a suit in British India on a contract entered into in a foreign country, unless the rule has extinguished the contract, and the parties were domiciled in such country during the period prescribed by such rule.

Part III

COMPUTATION OF PERIOD OF LIMITATION

Section 13. Exclusion of day on which right to sue accrues

In computing the period of limitation prescribed for any suit, the day on which the right to sue accrued shall be excluded.

Exclusions in case of appeals and certain applications. In computing the period of limitation prescribed for an appeal, an application for leave to appeal as pauper, an application to the High Court for the admission of a special appeal, and an application for a review of judgment, the day on which the judgment complained of was pronounced, and the time requisite for obtaining a copy of the decree, sentence or order appealed against or sought to be reviewed, shall be excluded.

In computing the period of limitation prescribed for an application to set aside an award, the time requisite for obtaining a copy of the award shall he excluded.

Section 14. Exclusion of time of defendant's absence from British India

In computing the period of limitation prescribed for any suit, the time during which the defendant has been absent from British India shall be excluded, unless service of a summons to appear and answer in the suit can, during such absence, be made Under the Code of Civil Procedure, section sixty.

Section 15. Exclusion of time of suing bon fide in Court without jurisdiction

In computing the period of limitation prescribed for any suit, the time during which the plaintiff has been prosecuting with due diligence another suit, whether in a Court of first instance or in a Court of appeal, against the same defendant or some person whom he represents, shall he excluded, where the last-mentioned suit is founded upon the same right to sue, and is instituted in good faith in a Court which from defect of jurisdiction, or other cause of a like nature, is unable to try it.

Explanation 1. In excluding the time during which a former suit was pending, the day on which that suit was instituted, and the day on which the proceedings therein ended, shall both be counted.

Explanation 2. A plaintiff resisting an appeal presented on the ground of want of jurisdiction, shall be deemed to be prosecuting a suit within the meaning of this section.

Section 16. Exclusion of time during which commencement of suit is stayed by injunction

In computing the period of limitation prescribed for any suit, the commencement of which has been stayed by injunction, the time of the continuance of the injunction shall he excluded.

Section 17. Exclusion of time during which judgment-debtor sues to set aside execution sale

In computing the period of limitation prescribed for a suit for possession by a purchaser at a sale in execution of a decree, the time during which the judgment-debtor has been prosecuting a suit to set aside the sale shall be excluded.

Section 18. Effect of death before right to sue accrues

When a person who would, if he were living, have a right to sue, dies before the right accrues, the period of limitation shall he computed from the time when there is a representative in interest of the deceased capable of suing.

When a person against whom, if he were living, a right to sue would have accrued, dies before the right accrues, the period of limitation shall be computed from the time when there is a representative whom the plaintiff may sue.

Nothing in the former part of this section applies to suits for the possession of land or of an hereditary office.

Section 19. Effect of fraud

When any person having a right to sue has, by means of fraud, been kept from the knowledge of such right or of the title on which it is founded,

and where any document necessary to establish such right has been fraudulently concealed,

the time limited for commencing a suit,

(a) against the person guilty of the fraud or accessory thereto, or,

(b) against any person claiming through him otherwise than in good faith and for a valuable consideration,

shall be computed from the time when the fraud first became known to the person injuriously affected thereby, or, in the case of the concealed document, when he first had the means of producing it or compelling its production.

Section 20. a. Effect of acknowledgment in writing

No promise or acknowledgment in respect of a debt or legacy shall take the case out of the operation of this Act, unless such promise or acknowledgment is contained in some writing signed, before the expiration of the prescribed period; by the party to be charged therewith or by his agent generally or specially authorized in this behalf.

b. When such writing exists, a new period of limitation, according to the nature of the original liability, shall be computed from the time when the promise or acknowledgment was signed.

c. When the waiting containing the promise or acknowledgment is undated, oral evidence may be given of the time when it was signed. But when it is alleged to have been destroyed or lost, oral evidence of its contents shall not be received.

Explanation 1. For the purposes of this section, a promise or acknowledgment may be sufficient, though it omits to specify the exact amount of the debt or legacy, or avers that the time for payment or delivery has not yet come, or is accompanied by a refusal to pay or deliver, or is coupled with a claim to a set-off, or is addressed to any person other than the creditor or legatee;

but it must amount to an express undertaking to pay or deliver the debt or legacy or to an unqualified admission of the liability as subsisting.

Explanation 2. Nothing in this section renders one of several partners or executors chargeable by reason only of a written promise or acknowledgment signed by another of them.

Illustrations.

Z, a bond-debtor, himself writes a letter promising to pay the debt to his creditor A. Z affixes his seal but does not sign the letter:

Z pays part of the debt and promises orally to pay the rest:

Z publishes an advertisement, requesting has creditors to bring in their claims for examination:

In none of these cases is the debt taken out of the operation of this Act.

Section 21. Effect of payment of interest, as such

When interest on a debt or legacy is, before the expiration of the prescribed period, paid as such by the person liable to pay the debt or legacy, or by his agent generally or specially authorized in this behalf,

Effect of part-payment of principal. or when part of the principal of a debt is, before the expiration of the prescribed period, paid by the debtor or by his agent generally or specially authorized in this behalf,

a new period of limitation, according to the nature of the original liability, shall be computed from the time when the payment was made:

Provided that, in the case of part-payment of principal, the debt has arisen from a contract in writing and the fact of the payment appears in the handwriting of the person making the same, on the instrument, or in his own books, or in the books of the creditor.

Section 22. Effect of substituting or adding new plaintiff or defendant

When, after the institution of a suit, a new plaintiff or defendant is substituted or added, the suit shall, as regards him, be deemed to have commenced when he was so made a party:

Proviso where original plaintiff dies. Provided that, when a plaintiff dies, and the suit is continued by his representatives in interest, it shall, as regards them, he deemed to have commenced when it was instituted by the deceased plaintiff:

Proviso where original defendant dies. Provided also, that, when a defendant dies, and the suit is continued against has representatives in interest, it shall, as regards them, be deemed to have been commenced when it was instituted against the deceased defendant.

Section 23. Computation where there ire successive breaches of contract

In the case of a suit for the breach of a contract, where there are successive breaches, a fresh right to sue arises, and a fresh period of limitation begins to run, upon every fresh breach;

Computation where the breach is continuing. and where the breach is a continuing breach, a fresh right to sue arises, and a fresh period of limitation begins to run, at every moment of the time during which the breach continues.

Nothing in the former part of this section applies to suits for the breach of contracts for the payment of money by instalments, where, on default made in payment of one instalment, the whole becomes due.

Illustrations.

(a). A contracts to pay an annuity to B for his life by quarterly instalments. A fails to pay any of the instalments. Here upon every fresh failure, a fresh right to sue arises and a fresh period of limitation begins to run; and this Act may bar the remedy on the earlier breaches without affecting the remedy on the later breaches.

(b). A, a tenant, covenants with B, his landlord, to keep certain buildings in repair. At every moment of the time during which the buildings continue out of repair and B retains his right of entry, a fresh right to sue arises and a fresh period of limitation begins to run.

Section 24. Continuing nusance

In the case of a continuing, nusance a fresh right to sue arises, and a fresh period of limitation begins to run, at every moment of the time during which the nusance continues.

Illustration.

A diverts B's watercourse. At every moment of the time during which the diversion continues and B retains his right of entry, a fresh right to sue arises and a fresh period of limitation begins to run.

Section 25. Suit for compensation for act becoming unlawful

In the case of a suit for compensation for an act lawful in itself, which becomes unlawful in case it causes damage, the period of limitation shall he computed from the time when the damage accrues.

Illustration.

A owns the surface of a field. B owns the subsoil. B digs coal there out without causing any immediate apparent injury to the surface, but at last the surface subsides. The period of limitation rims from the time of the subsidence.

Section 26. Computation of time mentioned in instruments

All instruments shall, for the purposes of this Act, be deemed to be made with reference, to the Gregorian calendar.

Illustrations.

(a). A Hind makes a promissory note bearing a Native date only, and payable four months after date. The period of limitation applicable to a suit on the note runs from the expiry of four months after date computed according to the Gregorian calendar.

(b). A Hind makes a bond, bearing a Native date only, for the repayment of money within one year. The period of limitation applicable to a suit on the bond runs from the expiry of one year after date computed according to the Gregorian calendar.

Part IV

ACQUISITION OF OWNERSHIP BY POSSESSION

Section 27. Acquisition of right to casements

Where the access and use of light or air to and for any building has been peaceably enjoyed therewith, as an casement, and as of right, without interruption, and for twenty years,

and where any way or watercourse, or the use of any water, or any other casement (whether affirmative or negative) has been peaceably and openly enjoyed by any person claiming title thereto as an casement and as of right, without interruption, and for twenty years,

the right to such access and use of light or air, way, watercourse, use of water, or other casement, shall he absolute and indefeasible.

Each of the said periods of twenty years shall he taken to be a period ending within two years next before the institution of the suit wherein the claim to which such period relates is contested.

Explanation. Nothing is an interruption within the meaning of this section, unless where there is an actual discontinuance of the possession or enjoyment by reason of an obstruction by the act of some person other than the claimant, and unless such obstruction is submitted to or acquiesced in for one year after the claimant has notice thereof and of the person making or authorizing the same to be made.

Illustrations.

(a). A suit is brought in 1871 for obstructing a right of way. The defendant admits the obstruction but denies the right of way. The plaintiff proves that the light was peaceably and openly enjoyed by him claiming title thereto as an casement and as of right, without interruption, from 1st January 1850 to 1st January 1870. The plaintiff is entitled to judgment.

(b). In a like suit also brought in 1871 the plaintiff merely proves that he enjoyed the right in manner aforesaid from 1848 to 1868. The suit shall be dismissed, as no exercise of the right by actual user has been proved to have taken place within two years next before the institution of the suit.

(c). In a like suit the plaintiff shows that the right was peaceably and openly enjoyed by him for twenty years. The defendant proves that the plaintiff on one occasion during the twenty years had asked his leave to enjoy the right. The suit shall be dismissed.

Section 28. Exclusion in favour of reversioner of servient tenement

Provided that, when any land or water upon, over or from which any casement (other than the access and use of light and air) has been enjoyed or derived has been held under or by virtue of any interest for life or any term of years exceeding three years from the granting thereof,

the time of the enjoyment of such casement during the continuance of such interest or term, shall he excluded in the computation of the said last mentioned period of twenty years, in case the claim is, within three years next after the determination of such interest or term, resisted by the person entitled, on such determination, to the said land or water.

Illustration.

A sues for a declaration that he is entitled to a right of way over B's land. A proves that he has enjoyed the right for twenty-five years; but B shows that during ten of these years C, a deceased Hind widow, had a life interest in the land, that on C's death B became entitled to the land, and that within two years after C's death he contested A's claim to the right. The suit must be dismissed, as A, with reference to the provisions of this section, has only proved enjoyment for fifteen years.

Section 29. Extinguishment of right to land or hereditary office

At the determination of the period hereby limited to any person for instituting a suit for possession of any land or hereditary office, his right to such land or office shall be extinguished.

FIRST SCHEDULE

(See Section 2.)

Number and year.

Subject or title.

Extent of repeal.

21 Jac. I, cap. sixteen.

An Act for limitation of actions and for avoiding of suits in law.

The whole Statute, so far as it applies to British India.

4 Ann. cap. sixteen.

An Act for the amendment of the law and the better advancement of justice.

Sections seventeen, eighteen and nineteen, so far as they apply to British India.

33 Geo. III, cap. fifty-two.

An Act for continuing in the East India Company, for a further term, the possession of the British territories in India, together with their exclusive trade, under certain limitations; for establishing further regulations for the Government of the said territories, and the better administration of justice within the same for appropriating to certain uses the revenues and profits of the said Company; and for making provision for the good order and government of the towns of Calcutta, Madras and Bombay.

So much of section one-hundred-and-sixty-two as relates to the limitation of civil suits in British India.

53 Geo. III, cap. one-hundred and Fifty-five.

An Act for continuing in the East India Company, for a further term, the possession of the British territories in India, together with certain exclusive privileges; for establishing further Regulations for the government of the said territories, and the better administration of justice within the same; and for regulating the trade to and from the places within the limits of the said Company.

Section one-hundred and twenty-fore, so far as it applies to British India.

9 Geo. IV, cap. seventy-four.

Administration of Criminal justice

So much of section fifty-one as relates to civil suits.

6 & 7 Vic., cap. ninety-four.

Foreign Jurisdiction Act

Section seven, so far as it applies to British India.

Act No. XIV of 1840.

An Act for rendering a written memorandum necessary to the validity of certain promises and engagements, by extending to the territories of the East India Company, in cases governed by English Law, the provisions of the Statute 9 Geo. IV, cap. 14.

From and including the words Whereas by an Act down to and including the words Defendants against the Plaintiff.

Act No. XI of 1841

Military Courts of Requests

The proviso in section nine.

Act No. XX of 1847.

Copyright Act

In section sixteen, the words actions, suits, bills.

Act No. XII of 1855

An Act to enable Executors, Administrators or Representatives to sue and be sued for certain wrong.

In section one, the words and provided such action shall be brought within one year after the death of such per-son, and the words and so as such action shall be commenced within two years after the committing of the wrong.

Act No. XIII of 1855

Compensation for loss occasioned by death caused by actionable wrong.

In section two, the words and that every such action shall be brought within twelve calendar months after the death of such deceased person.

Act No. XXV of 1857.

Forfeiture for mutiny

Section nine.

Act No. VIII of 1859.

The Code of Civil Procedure

In section one-hundred and-nineteen, the words within a reasonable time not exceeding thirty days after any process for enforcing the judgment has been executed, and the words within thirty days from the date of the judgment. In section two-hundred-and-thirty, the words within one month from the date of such dispossession. The last twelve words of section two-hundred-and forty-six. In section two-hundred-and-fifty-six, the words At any time within thirty days from the date of the sale. In section two-hundred-and-sixty-nine, the words if made within one month from the date of such existence or obstruction or of such dispossession, as the case may be. In section three-hundred-and-twenty-four, the second sentence. In section three-hundred-and-twenty-seven, the words within six months from the date of the award. In section three-hundred-and-thirty-three-from and-including the words within the period down to the end of the section. In section three-hundred-and-forty-seven, the words within thirty days from the date of the dismissal. . In section three-hundred-and-seventy-three, the words within the period prescribed for the presentation of a memorandum of appeal. So much of section three-hundred-and-seventy-seven as has not been repealed.

Act No. XIV of 1859.

An Act to provide for the limitation of such.

The whole Act, except so much of section fifteen as does not relate to the limitation of suits.

Act No. IX of 1860

Workmen and employers

So much of section two as relates to the limitation of suits.

Act No. XXXI of 1860.

Arms Act

So much of section forty-nine as relates to the limitation of suits.

Act No. V of 1861

Mofussil Police

So much of section forty-two as relates to the limitation of suite.

Act No. XXIII of 1861.

Civil Procedure Code Amendment

Section twelve.

Act No. XXV of 1861.

Criminal Procedure Code

Section four-hundred-and-fifteen.

Act No. I of 1863

Civil Courts in British Burma

Section twenty-four.

Act No. VI of 1863

Consolidated Customs Act

So much of section two-hundred-and-fourteen as relates to the limitation of suits.

Act No. XXIII of 1863.

Claims to Waste-lands

So much of section five as relates to the limitation of suits.

Act No. VII of 1865.

Government Forests Act

So much of section sixteen as relates to the limitation of suits.

Act No. XX of 1866

Registration Act

Section fifty-one.

Act No. XIV of 1868.

Contagious Diseases Act

So much of section twenty-five as relates to the limitation of suits.

Act No. XX of 1869

Volunteers

So much of section twenty-six as relates to the limitation of suits.

Act No. X of 1870

Land Acquisition

So much of section fifty-eight as relates to the limitation of suits.

Act No. IV of 1871

Coroners

In section forty-two, the words after the expiration of three months from such fact or failure, nor.

Bombay Regulation V of 1827.

A Regulation defining the Limitations, as to Time, within which Civil Actions may be prosecuted, and containing Rules of Judication respecting written Acknowledgments of Debts executed without receipt of a full consideration; also regarding Interest, the tendering payment of Debts, and the disposal of Property mortgaged or pledged.

Chapter one.

SECOND SCHEDULE

(See Section 4).

First Division: Suits.

Description of suit.

Period of limitation.

Time when period begins to run.

Part I. Thirty days.

1. To contest an award of the Board of Revenue under Act No. XXIII of 1863 (to provide for the adjudication of claims to waste-lands).

Thirty days

When notice of the award is delivered to the plaintiff.

Part II. Ninety days.

2. For doing, or for omitting to do, an act in pursuance of any enactment in force for the time being in British India.

Ninety days

When the act or omission took place.

Part III. Six-months.

3. Under Act No. XIV of 1859 (to provide for the, limitation of suits), section fifteen, to recover possession of immoveable property.

Six months.

When the dispossession occurs.

4. Under Act No. IX of 1860 (to provide for the speedy determination of certain disputes between workmen engaged in Railway and other public works and their employers), section one.

Ditto

When the wages, hire, or price of work claimed accrued due.

5. Under Act No. V of 1866 (to provide a summary procedure on bills of exchange, and to amend, in certain respects, the commercial law of British India).

Ditto

When the hill or promissory note becomes due and payable.

Part IV. One year.

6. Upon a Statute, Act, Regulation, or Bye-law, for a penalty or forfeiture.

One year

When the penalty or forfeiture is incurred.

7. For the wages of a domestic servant, artisan or labourer not provided for by this schedule. No. 4.

Ditto

When the wages sued, for accrue due.

8. For the price of food or drink sold by the keeper of a hotel, tavern or lodging house.

One year

When the food or drink is delivered.

9. For the price of lodging

Ditto

When the lodging ends.

10. To enforce a right of pre-emption, whether the right is founded on law, or general usage, or on special contract.

Ditto

When the purchaser takes actual possession under the sale sought to be impeached.

11. For damages for infringing copyright or any other exclusive privilege.

Ditto

The date of the infringement.

12. By executors, administrators, or representatives under Act No. XII of 1855 (to enable the executors, administrators or representatives to sue and be sued for certain wrongs).

Ditto

The date of the death of the person wronged.

13. By executors, administrators or representatives under Act No. XIII of 1855 (to provide compensation to families for loss occasioned by the death of a person caused by actionable wrong).

Ditto

The date of the death of the person killed.

14. To set aside any of the following sales:

(a) sale in execution of a decree of a Civil Court;

(b) sale in pursuance of a decree or order of a Collector or other officer of revenue;

(c) sale for arrears of Government revenue or for any demand recoverable as such arrears;

(d) sale of a patn t luq sold for current arrears of rent.

Ditto

When the sale is confirmed, or would otherwise have become final and conclusive had no such suit been brought.

Explanation. In this clause patn includes any intermediate tenure saleable for current arrears, of rent.

15. To alter or set aside a decision or order of a civil court in any proceeding other than a suit.

One year

The date of the final decision or order in the case by a court competent to determine it finally.

16. To set aside any act of an officer of Government in his official capacity, not herein otherwise expressly provided for.

Ditto

The date of the act.

17. Against Government to set aside any attachment, lease or transfer of immoveable property by the revenue authorities for arrears of Government revenue.

Ditto

When the attachment, lease or transfer is made.

18. Against Government to recover money paid under protest in satisfaction of a claim made by the revenue authorities on account of arrears of revenue or on account of demands recoverable as such arrears.

Ditto

When the payment is made.

19. Against Government for compensation for land acquired for public purposes.

Ditto

The date of determining the amount of the compensation.

20. Like suit for compensation when the acquisition is not completed.

Ditto

The date of the refusal to complete.

21. For false imprisonment

Ditto

When the imprisonment ends.

22. For any other injury to the person.

One year

When the injury is committed.

23. For a malicious prosecution.

Ditto

When the plaintiff is acquitted.

24. For libel.

Ditto

When the libel is published.

25. For slander.

Ditto

When the words are spoken.

26. For taking or damaging moveable property.

Ditto

When the taking or damage occurs.

27. For loss of service occasioned by the seduction of the plaintiff's servant or daughter.

Ditto

When the loss occurs.

28. For inducing a person to break a contract with the plaintiff.

Ditto

The date of the breach.

29. For an illegal, irregular or excessive distress.

Ditto

The date of the distress.

30. For wrongful seizure of moveable property under legal process.

Ditto

The date of the seizure.

Part V. Two years.

31. For obstructing a way or a watercourse.

Two years

The date of the obstruction.

32. For diverting a watercourse.

Ditto

The date of the diversion.

33. For wrongfully detaining title deeds.

Ditto

When the title to the property comprised in the deeds is adjudged to the plaintiff, or the detainer's possession otherwise becomes unlawful.

34. For wrongfully detaining any other moveable property.

Two years

When the detainer's possession becomes unlawful.

35. For specific recovery of moveable property in cases not provided for by this schedule, numbers 48 and 49.

Ditto

When the property is demanded and refused.

36. Against a carrier for losing or injuring goods.

Ditto

When the loss or injury occurs.

37. Against a carrier for delay in delivering goods.

Ditto

When the goods ought to be delivered.

38. Against one who, having a right to use property for specific purposes, perverts it to other purposes.

Ditto

The time of the perversion.

39. Under Act No. XII of 1855 (to enable executors, administrators or representatives to sue and be sued for certain wrongs) against an executor, administrator or other representative.

Ditto

When the wrong complained of is done.

40. For compensation for any wrong malfeasance, non-feasance or misfeasance independent of contract and not herein specially provided for.

Ditto

When the wrung is done or the default happens.

41. For the recovery of a wife

Ditto

When possession is demanded and refused.

42. For the restitution of conjugal rights.

Ditto

When restitution is demanded and refused.

Part VI. Three years.

43. For trespass upon immoveable property.

Three years

When the trespass takes place.

44. To contest an award under any of the following Regulations of the Bengal Code.

VII of 1822,

IX of 1825, and

IX of 1833.

Three years

The date of the final award or order in the case.

45. By a party hound by such award to recover any property comprised therein.

Ditto

Ditto.

46. By any person bound by an order respecting the possession of property made under Act No. XVI of 1838, section one, clause two, or Act No. XXV of 1861, chapter twenty-two, or Bombay Act No. V of 1864, or by any one claiming under such person, to recover the property comprised in such order.

Ditto

The date of the final order in the case.

47. For lost moveable property not dishonestly misappropriated or converted.

Ditto

When the property is demanded and refused.

48. For moveable property acquired by theft, extortion, cheating, or dishonest misappropriation or conversion.

Ditto

Ditto.

49. For the hire of animals, vehicles, boats or household furniture.

Ditto

When the lure becomes payable.

50. For the balance of money advanced in payment of goods to be delivered.

Ditto

When the goods ought to be delivered.

51. For the price of goods sold and delivered, where no fixed period of credit is agreed upon.

Ditto

The date of the delivery of the goods.

52. For the price of goods sold and delivered to be paid for after the expiry of a fixed period of credit.

Three years

The expiry of the period of credit.

53. For the price of goods sold and delivered to be paid for by a bill of exchange, no such bill being given.

Ditto

When the period of the proposed bill elapses.

54. For the price of trees or growing crops sold by the plaintiff to the defendant where no fixed period of credit is agreed upon.

Ditto

The date of the sale.

55. For the price of work done by the plaintiff for the defendant at his request, where no time has been fixed for payment.

Ditto

When the work is done.

56. For money payable for moneylent.

Ditto

When the loan is made.

57. Like suit when the lender has given a cheque for the money.

Ditto

When the cheque is paid.

58. For money lent under an agreement that it shall be payable on demand.

Ditto

When the demand is made.

59. For money payable to the plaintiff for money paid for the defendant.

Ditto

When the money is paid.

60. For money payable by the defendant to the plaintiff for money received by the defendant for the plaintiff's use.

Ditto

When the money is received.

61. For money payable for interest upon money due from the defendant to the plaintiff.

Ditto

When the interest becomes due.

62. For money payable to the plaintiff for money found to be due from the defendant to the plaintiff on accounts stated between them.

Three years

When the accounts are stated, unless where the debt is made payable at a future time and then when that time arrives.

63. Upon a promise to do anything at a specified time, or upon the happening of a specified contingency.

Ditto

At the time specified or upon the contingency happening.

64. Against a factor for an account.

Ditto

When the account is demanded, or where no such demand is made, when the agency terminates.

65. On a single bond where a day is specified for payment.

Ditto

The day so specified.

66. On a single bond where no such day is specified.

Ditto

The date of executing the bond.

67. On a bond subject to a condition.

Ditto

When the condition is broken.

68. On a bill of exchange or promissory note payable at a fixed time after date.

Ditto

When the bill or note falls due.

69. On a bill of exchange payable at or after sight.

Ditto

When the bill is presented.

70. Oil a bill of exchange accepted payable at a particular place.

Ditto

When the bill is presented at that place.

71. On a bill of exchange or promissory note payable at a fixed time after sight or after demand.

Ditto

When the fixed time expires.

72. On a bill of exchange or promissory note payable on demand and not accompanied by any writing restraining or postponing the right to sue.

Three years

When the demand is made.

73. By the endorsee of a bill or promissory note against the endorser.

Ditto

The date of the endorsement.

74. On a promissory note or bond payable by instalments.

Ditto

The expiration of the first term of payment, as to the part then payable and, for the other parts, the expiration of the respective terms of payment.

75. On a promissory note or bond payable by instalments, which Provides that if default be made in payment of one instalment the whole shall be due.

Ditto

The time of the first default, unless where the payee or obligee waives the benefit of the provision, and then when fresh default is made.

76. On a promissory note given by the maker to a third person to be delivered to the payee after a certain event should happen.

Ditto

The time of the delivery to the payee.

77. On a dishonoured foreign bill where protest has been made and notice given.

Ditto

When the notice is given.

78. By the payee against the drawer of a bill of exchange which has been dishonoured by non-acceptance.

Ditto

The date of the refusal to accept.

79. Like suit when the bill has been dishonoured by non-acceptance and afterwards by nonpayment.

Ditto

Ditto.

80. Suit on a bill of exchange or promissory note not herein expressly provided for.

Three years

When the hill or note becomes payable.

81. By the acceptor of an accommodation bill against the drawer.

Ditto

When the acceptor pays the amount.

82. By a surety against the principal debtor.

Ditto

When the surety pays the creditor.

83. By a surety against a co-surety.

Ditto

When the plaintiff pays anything in excess of his own share.

84. Upon any other contract to indemnify.

Ditto

When the plaintiff is actually damnified.

85. By an attorney or vakil for his costs of a suit or a particular business, there being no express agreement as to the time when such costs are to be paid.

Ditto

The termination of the suit or business, or (where the attorney or vak l properly discontinues the suit or business) the date of such discontinuance.

86. For compensation for damage caused by an injunction wrongfully obtained.

Ditto

When the injunction ceases.

87. For the balance due on a mutual, open and current account, where there have been reciprocal demands between the parties.

Ditto

The time of the last item admitted or proved in the account.

88. On a policy of insurance when the sum assured, is payable after proof of the death or loss has been given to or received by the insurers.

Ditto

When proof of the death or loss is given or received, to or by the insurers, whether by or from the plaintiff, or any other person.

89. By the assured to recover premia paid under a policy voidable at the election of the insurers.

Three years

When the insurers elect to avoid the policy.

90. By a principal against his agent for moveable property received by the latter and not accounted for.

Ditto

When the account is demanded and refused.

91. Other suits by principals against agents for neglect or misconduct.

Ditto

When the neglect or misconduct occurs.

92. To cancel or set aside an instrument not otherwise provided for.

Ditto

When the instrument is executed.

93. To declare the forgery of an instrument issued, or registered, or attempted to be enforced.

Ditto

The date of the issue, registration, or attempt.

94. For property which the plaintiff has conveyed while insane.

Ditto

When the plaintiff is restored to sanity and has knowledge of the conveyance.

95. For relief on the ground of fraud.

Ditto

When the fraud becomes known to the party wronged.

96. To set aside a decree obtained by fraud.

Ditto

Ditto.

97. For relief on the ground of mistake in fact.

Ditto

When the mistake becomes known to the plaintiff.

98. For money paid upon an existing consideration which afterwards fails.

Ditto

The date of the failure.

99. To makegood out of the general estate of a deceased trustee the loss occasioned by a breach of trust.

Three years

The date of the trustee's death, or, if the loss has not then been occasioned, the date of the loss.

100. For contribution by a party who has paid the whole amount due under a joint decree, or by a sharer in a joint estate who has paid the whole amount of revenue due from himself and his co-sharers.

Ditto

The date of the plaintiff's advance in excess of his own share.

101. By a co-trustee to enforce against the estate of a deceased trustee a claim for contribution.

Ditto

When the right to contribution accrues.

102. For a seaman's wages

Ditto

The end of the voyage during which the wages are earned.

103. By a Muhammadan for exigible dower (muajjal).

Ditto

When the dower is demanded and refused, or (where during the continuance of the marriage no such demand has been made) when the marriage is dissolved by death or divorce.

104. By a Muhammadan for deferred dower (mu'wajjal).

Ditto

When the marriage is dissolved by death or divorce.

105. By a mortgagor after the mortgage has been satisfied, to recover surplus collections received by the mortgagee.

Ditto

The date of the receipt.

106. For an account and a share of the profits of a dissolved partnership.

Three years

The date of the dissolution.

107. By a Hind manager of a joint estate for contribution in respect of a payment made by him on account of the estate.

Ditto

The date of the payment.

108. By a lessor for the value of trees cut down by his lessee contrary to the terms of the lease.

Ditto

When the trees are cut down.

109. For the profits of immoveable property belonging to the plaintiff wrongfully received by the defendant.

Ditto

When the profits are received, or, where the plaintiff has been dispossessed by a decree afterwards set aside on appeal, the date of the decree of the appellate Court.

110. For arrears of rent

Ditto

When the arrears become due.

111. By a vendor of immoveable property to enforce his lieu for unpaid purchase-money.

Ditto

The time fixed for completing the sale, or (where the title is accepted after the time fixed for completion) the date of the acceptance.

112. For a call by a company registered under any Statute or Act.

Ditto

When the call is made.

113. For specific performance of a contract.

Ditto

When the plaintiff has notice that his right is denied.

114. For the rescission of a contract.

Ditto

When the contract is executed by the plaintiff.

115. For the breach of any contract, express or implied, not in writing registered, and not herein specially provided for.

Three years

When the contract is broken, or (where there are successive breaches) when the breach sued for occurs, or (where the breach is continuing) when it ceases.

Part VII. Six years.

116. Upon a judgment obtained in a foreign country.

Six years

The date of the judgment.

117. On a promise or contract in writing registered.

Ditto

When the period of limitation would begin, to run against a suit brought on a similar promise or contract not registered.

118. Suit for which no period of limitation is provided elsewhere in this schedule.

Ditto

When the right to sue accrues.

Part VIII Twelve years.

119. By an auction-purchaser or anyone claiming under him to avoid incumbrances or under-tenures in an entire estate sold for arrears of Government revenue, the estate being, by virtue of such sale, freed from incumbrances and under-tenures.

Twelve years

When the sale becomes final and conclusive.

120. To avoid incumbrances of under-tenures in a patn t luq or other saleable tenure sold for arrears of rent, the taluq or tenure being, by virtue of such sale, freed from incumbranees and under-tenures.

Ditto

When the sale becomes final and conclusive.

121. Upon a judgment obtained in British India, or a recognizance.

Twelve years

The date of the judgment or recognizance.

122. For a legacy or for a distributive share of the moveable property of a testator or intestate.

Ditto

When the legacy or share becomes payable or deliverable.

123. For possession of an hereditary office.

Ditto

When the defendant, or some person through whom he claims, took possession of the office adversely to the plaintiff.

Explanation. An hereditary office is possessed when the profits thereof are usually received, or (if there are no profits) when the duties thereof are usually performed.

124. Suit during the life of a Hind widow by a Hind entitled to the possession of land on her death to have an alienation made by the widow declared to be void except for her life.

Ditto

The date of the alienation.

125. By a Hind governed by the law of the Mit kshar to set aside his father's alienation of ancestral property.

Ditto

The date of the alienation.

126. Like suit by a Hindu governed by the law of the D yabh ga,

Ditto

When the father dies.

127. By a Hind excluded from joint-family property to enforce a right to share therein.

Twelve years

When the plaintiff claims and is refused his share.

128. By a Hind for maintenance

Ditto

When the maintenance sued for is claimed and refused.

129. To establish or set aside an adoption.

Ditto

The date of the adoption, or (at the option of the plaintiff) the date of the death of the adoptive father.

130. For the resumption or assessment of rent-free land.

Ditto

When the right to resume or assess the land first accrued:

Provided that no such suit shall be maintained where the land forms part of a permanently-settled estate, and has been held rent-free from the time of the Permanent Settlement.

131. To establish a periodically recurring right.

Ditto

When the plaintiff is first refused the enjoyment of the right.

132. For money charged upon immoveable property.

Explanation. The allowance and fees called m lik na and haqqs shall, for the purpose of this clause, he deemed to be money charged upon immoveable property.

Ditto

When the money sued for becomes due.

133. To recover moveable property conveyed in trust, deposited or pawned and afterwards bought from the trustee, depositary or pawnee, in good faith and for value.

Twelve years

The date of the purchase.

134. To recover possession of immoveable property conveyed in trust or mortgaged and afterwards purchased from the trustee or mortgagee in good faith and for value.

Ditto

The date of the purchase.

135. Suit instituted in a Court not established by Royal Charter by a mortgagee for possession of immoveable property mortgaged.

Ditto

When the mortgagee is first entitled to possession.

136. By a purchaser at a private sale for possession of immoveable property sold, when the vendor was out of possession at the date of the sale.

Ditto

When the vendor is first entitled to possession.

137. Like suit by a purchaser at a sale in execution of a decree, when the execution-debtor was out of possession at the date of the sale.

Ditto

When the execution-debtor is first entitled to possession.

138. By a purchaser of land at a sale in execution of a decree, for possession of the purchased land, when he never has had possession.

Ditto

The date of the sale.

139. Like suit when the purchaser had possession, but was afterwards dispossessed.

Ditto

The date of the dispossession.

140. By a landlord to recover possession from a tenant.

Ditto

When the tenancy is determined.

141. By a remainderman, a reversioner (other than a landlord), or a devisee, for possession of immoveable property.

Twelve years

When his estate falls into possession.

142. Like suit by a Hind entitled to the possession of immoveable property on the death of a Hind widow.

Ditto

When the widow dies.

143. For possession of immoveable property, when the plaintiff, while in possession of the property, has been dispossessed or has discontinued the possession.

Ditto

The date of the dispossession or discontinuance.

144. Like suit, when the plaintiff has become entitled by reason of any forfeiture or breach of condition.

Ditto

When the forfeiture was incurred or the condition broken.

145. For possession of immoveable property or any interest therein not hereby otherwise specially provided for.

Ditto

When the possession of the defendant, or of some person through whom he claims, became adverse to the plaintiff.

146. For a declaration of right to an, casement.

Ditto

When the casement ceased to be enjoyed by the plaintiff, or the persons on whose behalf he sues.

Part IX. Thirty years.

147. Against a depositary or pawnee to recover moveable property deposited or pawned.

Thirty years

The date of the deposit or pawn, unless where an acknowledgment of the title of the depositor or pawnor, or of his right of redemption, has before the expiration of the prescribed period been made in writing, signed by the depositary, or pawnee, or some person claiming under him, and, in such case, the date of the acknowledgment.

Part X. Sixty years.

148. Against a mortgagee to recover possession of immoveable property mortgaged.

Sixty years

The date of the mortgage, unless where an acknowledgment of the title of the mortgagor or of his right of redemption has, before the expiration of the prescribed period, been made in writing, signed by the mortgagee or some person claiming under him, and, in such case, the date of the acknowledgment:

Provided that all claims to redeem, arising under instruments of mortgage of immoveable property situate in British Burma, which have been executed be-before the first day of May 1863, shall be governed by the rules of limitation in force in that Province immediately before the same day.

149. Before a Court established by Royal Charter in the exercise of its ordinary original civil jurisdiction by a mortgagee to recover from the mortgagor the possession of immoveable property mortgaged.

Sixty years

When any part of the principal or interest was last paid on account of the mortgage debt.

150. Any suit in the name of the Secretary of State for India in Council.

Ditto

When, the right to sue accrued.

Second Division: Appeals.

Description of application.

Period of limitation.

Time when period begins to run.

151. Under the Code of Civil Procedure to the Court of a District Judge,

Thirty days

The date of the decree appealed against.

152. Under the Code of Criminal Procedure to any Court other than the High Court.

Ditto

The date of the sentence or order appealed against.

153. Under the same Code to the High Court.

Sixty days

Ditto

154. Under the Code of Civil Procedure to the High Court.

Ninety days

The date of the decree appealed against.

Third Division: Applications.

Description of application.

Period of limitation.

Time when period begins to run.

155. Under the Code of Civil Procedure to set aside an award.

Ten days

When the award is submitted to the Court, and notice of the submission has been given to the persons and in manner prescribed by the High Court.

156. By a plaintiff for an order to set aside a judgment by default.

Thirty days

The date of the judgment.

157. By a defendant for an order to set aside a judgment ex parte.

Ditto

The date of executing any process for enforcing the judgment.

158. Under the Code of Civil Procedure, by a person dispossessed of immoveable property, and disputing the right of the decreeholder to be put into possession.

Ditto

The date of the dispossession.

159. To set aside a sale in execution of a decree, on the ground of irregularity in publishing or conducting the sale.

Ditto

The date of the sale.

160. Complaining of resistance or obstruction to delivery of possession of immoveable property sold in execution of a decree, or of dispossession in the delivery of possession to the purchaser of such property.

Ditto

The date of the resistance, obstruction or dispossession.

161. For re-admission of an appeal dismissed for want of prosecution.

Ditto

The date of the dismissal.

162. For leave to appeal as a pauper

Ninety days

The date of the decree appealed against.

163. To a High Court for the admission of a special appeal.

Ditto

Ditto.

164. For a review of judgment

Ditto

The date of the decree.

165. Under the Code of Civil Procedure, section three hundred and twenty-seven, that an award be filed in Court.

Six months

The date of the award.

166. For the execution of a decision (other than a decree or order passed in a regular suit or an appeal) of a Civil Court or of a Revenue Court.

One year

The date of the decision or of taking some proceeding to enforce or keep in force the decision.

167. For the execution of a decree or order of any Civil Court not provided for by No. 169.

Three years

The date of the decree or order,

or (where there has been an appeal) the date of the final decree or order of the Appellate Court,

or (where there has been a review of judgment) the date of the decision passed on the review,

or (where the application next hereinafter mentioned has been made) the date of applying to the Court to enforce, or keep in force, the, decree or order,

or (where the notice next hereinafter made has been issued) the date of issuing a notice under the Code of Civil Procedure, section two hundred and sixteen,

or (where the application is to enforce payment of an instalment which the decree directs to be paid at a specified date) the date so specified.

168. For the execution of any such decree or order of which a certified copy has been registered under the Indian Registration Act.

Six years

The date of the decree or order,

or (where there has been an appeal) the date of the final decree or order of the Appellate Court,

or (where there has been a review of judgment) the date of the decision passed on the review.

169. To enforce a judgment, decree or order of any Court established by Royal Charter in the exercise of its ordinary original civil jurisdiction.

Twelve years

When a present right to enforce the judgment, decree or order accruned to some person capable of releasing the right:

Provided that when the judgment, decree or order has been revived, or some part of the principal money secured thereby, or some interest on such money has been paid, or some acknowledgment of the right thereto has been given in writing, signed by the person liable to pay such principal or interest or his agent, to the person entitled thereto or his agent, the twelve years shall be computed from the date of such revivor payment or acknowlegment, or latest of such revivors, payments or acknowledgments, as the case may be.

SECTIONS