Limitation Act, 1963
Be it enacted by the Parliament in the Fourteenth Year of the Republic of India as follows:
statement of objects and reasons
Statement of Objects and Reasons . The Bill seeks to implement the Third Report of the Law Commission on the Indian Limitation Act, 1908, with one important modification. While giving effect to the recommendations of the Commission as respects the rearrangement of the articles contained in the First Schedule in accordance with their subject-matter and the rationalisation of the periods of limitation as far as possible, it is felt that it would be more advantageous to adhere to the existing scheme which in almost all cases indicates the specific point of time from which the period of limitation begins to run.
An earlier Bill on the subject introduced in the Lok Sabha on the 23rd December, 1960, lapsed on its dissolution.
The notes on clauses explain in detail the provisions of the Bill.
statement of objects and reasons of amending act 10 of 1969
Statement of Objects and Reasons of Amending Act 10 of 1969 . The Limitation Act, 1963 (hereinafter referred to as the 1963 Act) repealed and re-enacted with modifications the provisions of the Indian Limitation Act, 1908 (hereinafter referred to as the 1908-Act). Clause ( a ) of Section 30 of the 1963 Act provides a special period of limitation in respect of suits relating to causes of action which had arisen before the commencement of the Act and for which the period of limitation prescribed under that Act is shorter than the period prescribed under the 1908-Act. The clause as originally enacted provided that such suits may be instituted within the period of limitation prescribed under the 1908-Act or within a period of five years from the commencement of the 1963-Act, whichever period expires earlier. The 1963-Act reduced the period of limitation somewhat drastically in respect of certain types of suits. The suits in respect of which the periods of limitation were reduced by the Act include, inter alia, not only suits by or on behalf of Government but also certain types of suits by private individuals. In the case of suits by and on behalf of Government the period of limitation was reduced from 60 to 30 years. Amongst reductions made in the case of suits by private individuals, particular mention may be made of the reduction from 60 years to 30 years in the case of suits to redeem or recover possession of immovable property which has been mortgaged and of the reduction from 30 years to 3 years in the case of suits for recovery of movable property deposited or pawned from a depository or a pawnee. The effect of Section 30( a ) of the 1963-Act on these cases may be explained by an illustration. A mortgagor is a debtor and whereas the 1908-Act gave him a period of 60 years to find money to repay his debt and redeem his properties and whereas even the 1963-Act gave him a period of 30 years, in cases to which Section 30( a ) of the 1963-Act is attracted, the period may become reduced considerably and in an extreme case where the cause of action has arisen a day before the commencement of the 1963-Act the maximum period would be 5 years. In view of these anomalous consequences and as the maximum period of 5 years provided under Section 30( a ) of the 1963-Act was due to expire on the 31 st December, 1968, an Ordinance, namely, the Limitation (Amendment) Ordinance, 1968 was promulgated on the 31st December, 1968 to amend, inter alia, Section 30( a ) of the 1963-Act so as to increase the maximum period provided therein from 5 years to 7 years.
2. It is felt that even the extension of the maximum period of 5 years provided in clause ( a ) of Section 30 of the 1963-Act by 2 more years will not be sufficient to avoid the anomalous consequences arising out of the provisions of that clause and that in addition to such extension, it would be necessary to ensure that in the case of no suit the period of limitation actually available will fall short of the period prescribed in the 1963-Act even if the cause of action arose before the commencement of the 1963 Act.
3. The Bill seeks to replace the provisions of the Limitation (Amendment) Ordinance, 1968 insofar as they relate to Section 30( a ) of the 1963 Act by an Act of Parliament giving effect to the aforementioned objects.
PRELIMINARY
Section 1. Short title, extent and commencement
(1) This Act may be called the Limitation Act, 1963.
(2) It extends to the whole of India 2 [* * *].
(3) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.
Date of enforcement : The Act was brought into force w.e.f. January 1, 1964 [ Vide Noti. No. S.O. 3118, dated October 29, 1963].
Section 2. Definitions
In this Act, unless the context otherwise requires,
( a ) applicant includes
( i ) a petitioner;
( ii ) any person from or through whom an applicant derives his right to apply;
( iii ) any person whose estate is represented by the applicant as executor, administrator or other representative;
( b ) application includes a petition;
( c ) bill of exchange includes a hundi and a cheque;
( d ) bond includes any instrument whereby a person obliges himself to pay money to another, on condition that the obligation shall be void if a specified act is performed, or is not performed, as the case may be;
( e ) defendant includes
( i ) any person from or through whom a defendant derives his liability to be sued;
( ii ) any person whose estate is represented by the defendant as executor, administrator or other representative;
( f ) easement includes a right not arising from contract, by which one person is entitled to remove and appropriate for his own profit any part of the soil belonging to another or anything growing in, or attached to, or subsisting upon, the land of another;
( g ) foreign country means any country other than India;
( h ) good faith nothing shall be deemed to be done in good faith which is not done with due care and attention;
( i ) plaintiff includes
( i ) any person from or through whom a plaintiff derives his right to sue;
( ii ) any person whose estate is represented by the plaintiff as executor, administrator or other representative;
( j ) period of limitation means the period of limitation prescribed for any suit, appeal or application by the Schedule, and prescribed period means the period of limitation computed in accordance with the provisions of this Act;
( k ) promissory note means any instrument whereby the maker engages absolutely to pay a specified sum of money to another at a time therein limited, or on demand, or at sight;
( l ) suit does not include an appeal or an application;
( m ) tort means a civil wrong which is not exclusively the breach of a contract or the breach of a trust;
( n ) trustee does not include a benamidar, a mortgagee remaining in possession after the mortgagee has been satisfied or a person in wrongful possession without title.
Notes Applicant . The definition of the term applicant , as given in the present Act, is more inclusive and wide than the definition of the term given in the repealed Act IX of 1908. It includes a petitioner as well as any person whose estate is represented by the applicant as executor, administrator or other representative along with any person from or through whom an applicant derives his right to apply.
LIMITATION OF SUITS, APPEALS AND APPLICATIONS
Section 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 defence.
(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 a 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.
Section 4. Expiry of prescribed period when court is closed
Where the prescribed period for any suit, appeal or application expires on a day when the court is closed, the suit, appeal or application may be instituted, preferred or made on the day when the court reopens.
Explanation . A court shall be deemed to be closed on any day within the meaning of this section if during any part of its normal working hours it remains closed on that day.
Notes Introduction . This section corresponds to Section 4 of the repealed Act IX of 1908 except the variation that the explanation attached to the section has been newly inserted.
Section 5. Extension of prescribed period in certain cases
Any appeal or any application, other than an application under any of the provisions of Order XXI of the Code of Civil Procedure, 1908, may be admitted after the prescribed period if the appellant or the applicant satisfies the court that he had sufficient cause for not preferring the appeal or making the application within such period.
Explanation . The fact that the appellant or the applicant was misled by any order, practice or judgment of the High Court in ascertaining or computing the prescribed period may be sufficient cause within the meaning of this section.
Notes Introduction . This section corresponds to Section 5 of repealed Act IX of 1908. It is not applicable to applications made under any of the provisions of Order XXI of the Code of Civil Procedure, 1908 (Execution of decrees and orders). Again, this section does not apply to suits. It applies only to such appeals or applications as specified therein.
Section 6. Legal disability
(1) Where a person entitled to institute a suit or make an application for the execution of a decree is, at the time from which the prescribed period is to be reckoned, a minor or insane, or an idiot, he may institute the suit or make the application within the same period after the disability has ceased, as would otherwise have been allowed from the time specified therefor in the third column of the Schedule.
(2) Where such person is, at the time from which the prescribed period is to be reckoned, affected by two such disabilities, or where, before his disability has ceased, he is affected by another disability, he may institute the suit or make the application within the same period after both disabilities have ceased, as would otherwise have been allowed from the time so specified.
(3) Where the disability continues up to the death of that person, his legal representative may institute the suit or make the application within the same period after the death, as would otherwise have been allowed from the time so specified.
(4) Where the legal representative referred to in sub-section (3) is, at the date of the death of the person whom he represents, affected by any such disability, the rules contained in sub-sections (1) and (2) shall apply.
(5) Where a person under disability dies after the disability ceases but within the period allowed to him under this section, his legal representative may institute the suit or make the application within the same period after the death, as would otherwise have been available to that person had he not died.
Explanation . For the purposes of this section, minor includes a child in the womb.
Notes Introduction . This section corresponds to Section 6 of the repealed Act IX of 1908. Illustrations to the old section have been omitted , and clause (5) and Explanation have been newly enacted in the present section to clarify the complications and to lay down a consolidated law on the subject. This section applies to the institution of suit or making application for the execution of a decree but does not apply to appeals. Again, this section applies only to cases dealt with by the Act itself and is not applicable to cases for which a period of limitation is prescribed by other Acts.
Idiot . See notes under the preceding head . An idiot is a person whose state of mind must be such as to render him affected and unable to understand the nature and consequences of the act he is entering into. Any kind of eccentricity or a mere lack of ordinary intelligence will not necessarily be termed as idiocy .
Section 7. Disability of one of several persons
Where one of several persons jointly entitled to institute a suit or make an application for the execution of a decree is under any such disability, and a discharge can be given without the concurrence of such person, time will run against them all; but, where no such discharge can be given, time will not run as against any of them until one of them becomes capable of giving such discharge without the concurrence of the others or until the disability has ceased.
Explanation I . This section applies to a discharge from every kind of liability, including a liability in respect of any immovable property.
Explanation II . For the purposes of this section, the manager of a Hindu undivided family governed by the Mitakshara law shall be deemed to be capable of giving a discharge without the concurrence of the other members of the family only if he is in management of the joint family property.
Notes Introduction . This section corresponds to Section 7 of the repealed Act IX of 1908 with the variation that the illustrations to the old section have been omitted and two explanations have been newly enacted in order to clarify the complications and consolidate the law on the subject. This section is supplementary to the preceding section.
Discharge by guardian . A natural or a legal guardian can give a valid discharge on behalf of his ward. But a de facto guardian cannot give a valid discharge.
Section 8. Special exceptions
Nothing in Section 6 or in Section 7 applies to suits to enforce rights of pre-emptions, or shall be deemed to extend, for more than three years from the cessation of the disability or the death of the person affected thereby, the period of limitation for any suit or application.
Notes Introduction . This section corresponds to Section 8 of the repealed Act, IX of 1908. Illustrations to old section have been omitted . The present section is ancillary and restrictive of the exceptions granted in the preceding Sections 6 and 7. It does not provide any privilege.
Section as proviso to Sections 6 and 7 . The present section adds a proviso to Sections 6 and 7. Under Section 6 a person under disability may sue after the cessation of disability within the same period as would otherwise have been allowed from the time specified therefor in the Schedule, but the present section lays down that in no case can the period be extended to anything beyond three years from the cessation of disability. If a minor acquired a cause of action to sue but after attaining majority died within the three years allowed by this section, his legal representative can institute a suit at any time within three years' period which had already commenced within the lifetime of the deceased.
Section 9. Continuous running of time
Where once time has begun to run, no subsequent disability or inability to institute a suit or make an application stop it:
Provided that, where letters of administration to the estate of a creditor have been granted to his debtor, the running of the period of limitation for a suit to recover the debt shall be suspended while the administration continues.
Notes Introduction . This section altogether corresponds to Section 9 of the repealed Act IX of 1908. The rule of this section is based upon this English dictum : Time when once it has commenced to run in any case will not cease to do so by reason of any subsequent event. Generally, when any of the statute of limitation has begun to run, no subsequent disability or inability will stop this running. (Bonning on Limitation.)
Scope . The scope of the proposition of law set forth in this section is limited to suits and applications only and does not apply to appeals. Application in execution also comes within the scope of this section.
Section 10. Suits against trustees and their representatives
Notwithstanding anything contained in the foregoing provisions of this Act, no suit against a person in whom property has become vested in trust for any specific purpose, or against his legal representatives or assigns (not being assigns for valuable consideration), for the purpose of following in his or their hands such property, or the proceeds thereof, or for an account of such property or proceeds, shall be barred by any length of time.
Explanation . For the purposes of this section any property comprised in a Hindu, Muslim or Buddhist religious or charitable endowment shall be deemed to be property vested in trust for a specific purpose and the manager of the property shall be deemed to be the trustee thereof.
Notes Introduction . This section altogether corresponds to Section 10 of the repealed Act IX of 1908. The rule of this section follows the English law laid down under Section 25(2) of the English Judicature Act, 1873 which reads : No claim of a Cestui que trust against his trustee for any property held on an express trust, or in respect of any breach of such trust, shall be held to be barred by any statute of limitation.
Scope . The beneficiary's remedy comes within the scope of this section and it is well settled, both as regards real estate or personal estate, that time does not in equity bar the remedy of the beneficiary against the trustee. The section clearly lays down the rule that when a trust has been created expressly for some specific purpose or object, and property has become vested in a trustee upon such trust, the person who is beneficially interested in that trust may bring a suit against such trustee to enforce that trust at any distance of time without being barred by the law of limitation. A fraudulent trustee who has misappropriated the trust property cannot escape from his liability under this section notwithstanding any length of time has expired.
Section 11. Suits on contracts entered into outside the territories to which the Act extends
(1) Suits instituted in the territories to which this Act extends on contracts entered into in the State of Jammu and Kashmir or in a foreign country shall be subject to the rules of limitation contained in this Act.
(2) No rule of limitation in force in the State of Jammu and Kashmir or in a foreign country shall be a defence to a suit instituted in the said territories on a contract entered into in that State or in a foreign country unless
( a ) the rule has extinguished the contract; and
( b ) the parties were domiciled in that State or in the foreign country during the period prescribed by such rule.
Notes Introduction . This section corresponds to Section 11 of the repealed Act IX of 1908 with certain modifications. The rule of this section is based on the principle of International Jurisprudence that all suits must be brought within the period prescribed by the local law of the country where the suit is brought, otherwise the suit will be barred .
COMPUTATION OF PERIOD OF LIMITATION
Section 12. Exclusion of time in legal proceedings
(1) In computing the period of limitation for any suit, appeal or application, the day from which such period is to be reckoned, shall be excluded.
(2) In computing the period of limitation for an appeal or an application for leave to appeal or for revision or for review of a 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 from or sought to be revised or reviewed shall be excluded.
(3) Where a decree or order is appealed from or sought to be revised or reviewed, or where an application is made for leave to appeal from a decree or order, the time requisite for obtaining a copy of the judgment 3 [* * *] shall also be excluded.
(4) In computing the period of limitation for an application to set aside an award, the time requisite for obtaining a copy of the award shall be excluded.
Explanation . In computing under this section the time requisite for obtaining a copy of a decree or an order, any time taken by the court to prepare the decree or order before an application for a copy thereof is made shall not be excluded.
Section 13. Exclusion of time in cases where leave to sue or appeal as a pauper is applied for
In computing the period of limitation prescribed for any suit or appeal in any case where an application for leave to sue or appeal as a pauper has been made and rejected, the time during which the applicant has been prosecuting in good faith his application for such leave shall be excluded, and the court may, on payment of the court fees prescribed for such suit or appeal, treat the suit or appeal as having the same force and effect as if the court fees had been paid in the first instance.
Notes Introduction . This section has been newly enacted in place of Section 13 of the repealed Act IX of 1908. It lays down the rules for the exclusion of the time cases where leave to sue or appeal as a pauper is applied for.
Section 14. Exclusion of time of proceeding bona fide in court without jurisdiction
(1) In computing the period of limitation for any suit the time during which the plaintiff has been prosecuting with due diligence another civil proceeding, whether in a court of first instance or of appeal or revision, against the defendant shall be excluded, where the proceeding relates to the same matter in issue and is prosecuted in good faith in a court which, from defect of jurisdiction or other cause of a like nature, is unable to entertain it.
(2) In computing the period of limitation for any application, the time during which the applicant has been prosecuting with due diligence another civil proceeding, whether in a court of first instance or of appeal or revision, against the same party for the same relief shall be excluded, where such proceeding is prosecuted in good faith in a court which, from defect of jurisdiction or other cause of a like nature, is unable to entertain it.
(3) Notwithstanding anything contained in Rule 2 of Order XXIII of the Code of Civil Procedure, 1908 (5 of 1908), the provisions of sub-section (1) shall apply in relation to a fresh suit instituted on permission granted by the court under Rule 1 of that Order, where such permission is granted on the ground that the first suit must fail by reason of a defect in the jurisdiction of the court or other cause of a like nature.
Explanation . For the purposes of this section,
( a ) in excluding the time during which a former civil proceeding was pending, the day on which that proceeding was instituted and the day on which it ended shall both be counted;
( b ) a plaintiff or an applicant resisting an appeal shall be deemed to be prosecuting a proceeding;
( c ) misjoinder of parties or of causes of action shall be deemed to be a cause of a like nature with defect of jurisdiction.
Notes Introduction . This section corresponds to Section 14 of the repealed Act IX of 1908, with certain modifications. Clause (3) of this section has been newly enacted. This section lays down the rules for the exclusion of time of proceeding bona fide in court without jurisdiction. It applies to the institution of suits of making application but is not applicable for the purposes of computation of time for appeals. However, the principle underlying this section may be applied as constituting a sufficient cause within the meaning of Section 5 for the purposes of condonation of delay in appeals.
Section 15. Exclusion of time in certain other cases
(1) In computing the period of limitation for any suit or application for the execution of a decree, the institution or execution of which has been stayed by injunction or order, the time of the continuance of the injunction or order, the day on which it was issued or made, and the day on which it was withdrawn, shall be excluded.
(2) In computing the period of limitation for any suit of which notice has been given, or for which the previous consent or sanction of the Government or any other authority is required, in accordance with the requirements of any law for the time being in force, the period of such notice or, as the case may be, the time required for obtaining such consent or sanction shall be excluded.
Explanation . In excluding the time required for obtaining the consent or sanction of the Government or any other authority, the date on which the application was made for obtaining the consent or sanction and the date of receipt of the order of the Government or other authority shall both be counted.
(3) In computing the period of limitation for any suit or application for execution of a decree by any receiver or interim receiver appointed in proceedings for the adjudication of a person as an insolvent or any liquidator or provisional liquidator appointed in proceedings for the winding up of a company, the period beginning with the date of institution of such proceeding and ending with the expiry of three months from the date of appointment of such receiver or liquidator, as the case may be, shall be excluded.
(4) In computing the period of limitation for a suit for possession by a purchaser at a sale in execution of a decree, the time during which a proceeding to set aside the sale has been prosecuted shall be excluded.
(5) In computing the period of limitation for any suit the time during which the defendant has been absent from India and from the territories outside India under the administration of Central Government shall be excluded.
Notes Introduction . This section corresponds to Section 15 of the repealed Act IX of 1908 with certain modifications. The explanation attached to this section has been newly enacted to clarify the complications and to consolidate all the laws on the subject. This section lays down the rules for the exclusion of time in cases where proceedings are suspended for reasons specified therein. It is applicable to suits and applications for the execution of decrees for the purposes of computing the period of limitation but does not apply to appeals.
Section 16. Effect of death on or before the accrual of the right to sue
(1) Where a person who would, if he were living, have a right to institute a suit or make an application dies before the right accrues, or where a right to institute a suit or make an application accrues only on the death of a person, the period of limitation shall be computed from the time when there is a legal representative of the deceased capable of instituting such suit or making such application.
(2) Where a person against whom, if he were living, a right to institute a suit or make an application would have accrued dies before the right accrues, or where a right to institute a suit or make an application against any person accrues on the death of such person, the period of limitation shall be computed from the time when there is a legal representative of the deceased against whom the plaintiff may institute such suit or make such application.
(3) Nothing in sub-section (1) or sub-section (2) applies to suits to enforce rights of pre-emption or to suits for the possession of immovable property or of a hereditary office.
Section 17. Effect of fraud or mistake
(1) Where, in the case of any suit or application for which a period of limitation is prescribed by this Act,
( a ) the suit or application is based upon the fraud of the defendant or respondent or his agent; or
( b ) the knowledge of the right or title on which a suit or application is founded is concealed by the fraud of any such person as aforesaid; or
( c ) the suit or application is for relief from the consequences of a mistake; or
( d ) where any document necessary to establish the right of the plaintiff or applicant has been fraudulently concealed from him;
the period of limitation shall not begin to run until the plaintiff or applicant has discovered the fraud or the mistake or could, with reasonable diligence, have discovered it, or in the case of a concealed document, until the plaintiff or the applicant first had the means of producing the concealed document or compelling its production:
Provided that nothing in this section shall enable any suit to be instituted or application to be made to recover or enforce any charge against, or set aside any transaction affecting, any property which
( i ) in the case of fraud, has been purchased for valuable consideration by a person who was not a party to the fraud and did not at the time of the purchase know, or have reason to believe, that any fraud had been committed, or
( ii ) in the case of mistake, has been purchased for valuable consideration subsequently to the transaction in which the mistake was made, by a person who did not know, or have reason to believe, that the mistake had been made, or
( iii ) in the case of a concealed document, has been purchased for valuable consideration by a person who was not a party to the concealment and, did not at the time of purchase know, or have reason to believe, that the document had been concealed.
(2) Where a judgment-debtor has, by fraud or force, prevented the execution of a decree or order within the period of limitation, the court may, on the application of the judgment-creditor made after the expiry of the said period extend the period for execution of the decree or order:
Provided that such application is made within one year from the date of the discovery of the fraud or the cessation of force, as the case may be.
Notes Introduction . This section corresponds to Section 18 of the repealed Act IX of 1908, but is newly enacted consolidating all the scattered laws on the subject. It lays down the rules as to effect of fraud or mistake on the computation of the period of limitation for instituting a suit or making an application. The principle underlying this section is that the right of party depended or under mistake cannot be affected by lapse of time so long as he remains, without any fault of his own, in ignorance of the fraud or mistake which has been committed.
Section 18. Effect of acknowledgment in writing
(1) Where, before the expiration of the prescribed period for a suit or application in respect of any property or right, an acknowledgment of liability in respect of such property or right has been made in writing signed by the party against whom such property or right is claimed, or by any person through whom he derives his title or liability, a fresh period of limitation shall be computed from the time when the acknowledgment was so signed.
(2) Where the writing containing the acknowledgment is undated, oral evidence may be given of the time when it was signed; but subject to the provisions of the Indian Evidence Act, 1872 (1 of 1872), oral evidence of its contents shall not be received.
Explanation . For the purposes of this section,
( a ) an acknowledgment may be sufficient though it omits to specify the exact nature of the property or right, or avers that the time for payment, delivery, performance or enjoyment has not yet come or is accompanied by refusal to pay, deliver, perform or permit to enjoy, or is coupled with a claim to set off, or is addressed to a person other than a person entitled to the property or right,
( b ) the word signed means signed either personally or by an agent duly authorised in this behalf, and
( c ) an application for the execution of a decree or order shall not be deemed to be an application in respect of any property or right.
Notes Introduction . The section corresponds to Section 19 of the repealed Act IX of 1908 in all respects. It lays down the law as to effect of acknowledgment in writing on the computation of the period of limitation for institution of a suit or making an application.
Section 19. Effect of payment on account of debt or of interest on legacy
Where payment on account of a debt or of interest on a legacy is made before the expiration of the prescribed period by the person liable to pay the debt or legacy or by his agent duly authorised in this behalf, a fresh period of limitation shall be computed from the time when the payment was made:
Provided that, save in the case of payment of interest made before the 1st day of January, 1928, an acknowledgment of the payment appears in the handwriting of, or in a writing signed by, the person making the payment.
Explanation . For the purposes of this section,
( a ) where mortgaged land is in the possession of the mortgagee, the receipt of the rent or produce of such land shall be deemed to be a payment.
( b ) debt does not include money payable under a decree or order of a court.
Notes Introduction . This section corresponds to Section 20 of the repealed Act IX of 1908, with certain modifications. The proviso to sub-section ( a ) enacted by this section was substituted to sub-section (1) of Section 20 of the repealed Act IX of 1908, by the Indian Limitation (Amendment) Act I of 1927. This section and the preceding section are not mutually exclusive. They lay down the law in their respective particular spheres. The preceding section only operates against the person who makes the acknowledgment but this section makes the part-payment good in favour of any suit on that liability.
Section 20. Effect of acknowledgment or payment by another person
(1) The expression agent duly authorised in this behalf in Sections 18 and 19 shall, in the case of a person under disability, include his lawful guardian, committee or manager or an agent duly authorised by such guardian, committee or manager to sign the acknowledgment or make the payment.
(2) Nothing in the said sections renders one of several joint contractors, partners, executors or mortgagees chargeable by reason only of a written acknowledgment signed by, or of a payment made by, or by the agent of, any other or others of them.
(3) For the purposes of the said sections,
( a ) an acknowledgment signed or a payment made in respect of any liability by, or by the duly authorised agent of, any limited owner of property who is governed by Hindu law, shall be a valid acknowledgment or payment, as the case may be, against a reversioner succeeding to such liability; and
( b ) where a liability has been incurred by, or on behalf of a Hindu undivided family as such, an acknowledgment or payment made by, or by the duly authorised agent of, the manager of the family for the time being, shall be deemed to have been made on behalf of the whole family.
Notes Introduction . This section corresponds to Section 21 of the repealed Act IX of 1908. Clause (1) of this section explains certain terms as used in Sections 18 and 19. Clause (2) is a barring clause applicable to joint contractors, partners, executors and mortgagees. Clause (3), as enacted, was added to Section 21 of the repealed Act IX of 1908 by the Indian Limitation (Amendment) Act I of 1927. This section, as a whole, is supplementary to the preceding Sections 18 and 19.
Section 21. Effect of substituting or adding new plaintiff or defendant
(1) Where 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 been instituted when he was so made a party:
Provided that where the court is satisfied that the omission to include a new plaintiff or defendant was due to a mistake made in good faith it may direct that the suit as regards such plaintiff or defendant shall be deemed to have been instituted on any earlier date.
(2) Nothing in sub-section (1) shall apply to a case where a party is added or substituted owing to assignment or devolution of any interest during the pendency of a suit or where a plaintiff is made a defendant or a defendant is made a plaintiff.
Notes Introduction . This section corresponds to Section 22 of the repealed Act IX of 1908, with the variation that proviso to sub-section (1) is newly enacted and added . The application of this section is confined to suits only and does not extend to proceedings in execution or appeals or other proceedings.
Section 22. Continuing breaches and torts
In the case of a continuing breach of contract or in the case of a continuing tort, a fresh period of limitation begins to run at every moment of the time during which the breach or tort, as the case may be, continues.
Notes Introduction . This section corresponds to Section 23 of the repealed Act IX of 1908. It aims to prevent multiplicity of suits and to enable the person to bring one action for all loss suffered by him during the whole period the tort or the breach continued.
Section 23. Suits for compensation for acts not actionable without special damage
In the case of a suit for compensation for an act which does not give rise to a cause of action unless some specific injury actually results therefrom, the period of limitation shall be computed from the time when the injury results.
Notes Introduction . This section corresponds to Section 24 of the repealed Act IX of 1908, with the variation that the illustration to the old section has been omitted . The principle underlying this section is that where the cause of action lies, not in a specific act or omission, but in the resulting damage, the statute runs from the time when the plaintiff sustains the loss.
Section 24. 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.
Notes Introduction . This section corresponds to Section 25 of the repealed Act IX of 1908, with the variation that the illustrations to the old section have been omitted .
ACQUISITION OF OWNERSHIP BY POSSESSION
Section 25. Acquisition of easements by prescription
(1) Where the access and use of light or air to and for any building have been peaceably enjoyed therewith as an easement, 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 easement (whether affirmative or negative) has been peaceably and openly enjoyed by any person claiming title thereto as an easement 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 easement shall be absolute and indefeasible.
(2) Each of the said periods of twenty years shall be 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.
(3) Where the property over which a right is claimed under sub-section (1) belongs to the Government that sub-section shall be read as if for the words twenty years the words thirty years were substituted.
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 authorising the same to be made.
Repeal of Sections 25 and 26 of Limitation Act, 1963 . Sections 25 and 26 of the Limitation Act, 36 of 1963 in so far as they apply to the State of Orissa are hereby repealed. Vide Orissa Act 24 of 1967.
Notes Introduction . This section corresponds to Section 26 of the repealed Act IX of 1908. Illustrations to the old section have been omitted . In sub-section (2) the period of acquisition of easement by prescription over the property belonging to Government has been prescribed thirty years instead of sixty years and as prescribed under sub-section (2) of the repealed Act IX of 1908. This section is comparable with Section 15 of the Indian Easements Act V of 1882 which has been amended by this Act under Section 28. The scope of this section is confined only to the acquisition of easements and measure the extent of the right or to indicate remedy for its disturbance.
Section 26. Exclusion in favour of reversioner of servient tenement
Where any land or water upon, over or from, which any easement has been enjoyed or derived has been held under or by virtue of any interest for life or in terms of years exceeding three years from the granting thereof, the time of the enjoyment of such easement during the continuance of such interest or term shall be excluded in the computation of the 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.
Notes Introduction . This section corresponds to Section 27 of the repealed Act IX of 1908, with the variation that the Illustration to the old section has been omitted. It is also comparable with Section 16 of the Indian Easements Act V of 1882. It aims to safeguard the interest of the reversioners of servient tenements.
Repeal of Sections 25 and 26 of Limitation Act, 1963 . Sections 25 and 26 of the Limitation Act, 36 of 1963 in so far as they apply to the State of Orissa are hereby repealed. Vide Orissa Act 24 of 1967.
Section 27. Extinguishment of right to property
At the determination of the period hereby limited to any person for instituting a suit for possession of any property, his right to such property shall be extinguished.
Notes Introduction . This section corresponds to Section 28 of the repealed Act IX of 1908 without any modification. This section is applicable to the cases in which the adverse possession of the property is in question.
MISCELLANEOUS
Section 28. Amendment of certain Acts
4 [* * *]
Section 29. Savings
(1) Nothing in this Act shall affect Section 25 of the Indian Contract Act, 1872.
(2) Where any special or local law prescribes for any suit, appeal or application a period of limitation different from the period prescribed by the Schedule, the provisions of Section 3 shall apply as if such period were the period prescribed by the Schedule and for the purpose of determining any period of limitation prescribed for any suit, appeal or application by any special or local law, the provisions contained in Sections 4 to 24 (inclusive) shall apply only insofar as, and to the extent to which, they are not expressly excluded by such special or local law.
(3) Save as otherwise provided in any law for the time being in force with respect to marriage and divorce, nothing in this Act shall apply to any suit or other proceeding under any such law.
(4) Sections 25 and 26 and the definition of easement in Section 2 shall not apply to cases arising in the territories to which the Indian Easements Act, 1882, may for the time being extend.
Section 30. Provision for suits, etc., for which the prescribed period is shorter than the period prescribed by the Indian Limitation Act, 1908
Notwithstanding anything contained in this Act,
( a ) any suit for which the period of limitation is shorter than the period of limitation prescribed by the Indian Limitation Act, 1908, may be instituted within a period of 5 [seven years] next after the commencement of this Act or within the period prescribed for such suit by the Indian Limitation Act, 1908, whichever period expires earlier:
6 [Provided that if in respect of any such suit, the said period of seven years expires earlier than the period of limitation prescribed therefor under the Indian Limitation Act, 1908 and the said period of seven years together with so much of the period of limitation in respect of such suit under the Indian Limitation Act, 1908, as has already expired before the commencement of this Act is shorter than the period prescribed for such suit under this Act, then, the suit may be instituted within the period of limitation prescribed therefor under this Act.]
( b ) any appeal or application for which the period of limitation is shorter than the period of limitation prescribed by the Indian Limitation Act, 1908, may be preferred or made within a period of ninety days next after the commencement of this Act or within the period prescribed for such appeal or application by the Indian Limitation Act, 1908, whichever period expires earlier.
Notes Introduction . This section saves limitation with respect to those suits, appeals or applications for which the prescribed period is shorter than the period prescribed by the Indian Limitation Act IX of 1908 which has been repealed. Special provision for the limitation of the aforesaid proceedings have been made in this section and the period of limitation with respect to them shall be computed accordingly.
Union Territory of Jammu and Kashmir . In its application to the Union Territory of Jammu and Kashmir, after Section 30, insert the following section, namely:
30-A. Provision for suits, etc., for which the prescribed period is shorter than the period prescribed by the Limitation Act, samvat 1995 . Notwithstanding anything contained in this Act,
( a ) Any suit for which the period of limitation is shorter than the period of limitation prescribed by the Limitation Act, Samvat 1995, may be instituted within a period of one year next after the commencement of the Jammu and Kashmir Reorganisation Act, 2019 or within the period prescribed for such suit by the Limitation Act, Samvat 1995, whichever period expires earlier:
Provided that if in respect of any such suit, the said period of one year expires earlier than period of limitation prescribed therefor under the Limitation Act, Samvat 1995 (now repealed) and the said period of one year together with so much of the period of limitation in respect of such suit under the said Act, as has already expired before the commencement of the Jammu and Kashmir Reorganisation Act, 2019 is shorter than the period prescribed for such suit under the Limitation Act, 1963, then, the suit may be instituted within the period of limitation prescribed therefor under the Limitation Act, 1963;
( b ) Any appeal or application for which the period of limitation is shorter than the period of limitation prescribed by the Limitation Act, Samvat 1995, may be preferred or made within a period of ninety days next after the commencement of the Jammu and Kashmir Reorganisation Act, 2019 or within the period prescribed for such appeal or application by the Limitation Act, Samvat 1995, whichever period expires earlier. [ Vide S.O. 1123(E), dated 18-3-2020 (w.e.f. 18-3-2020)].
Section 31. Provisions as to barred or pending suits, etc
Nothing in this Act shall,
( a ) enable any suit, appeal or application to be instituted, preferred or made, for which the period of limitation prescribed by the Indian Limitation Act, 1908 (9 of 1908), expired before the commencement of this Act; or
( b ) affect any suit, appeal or application instituted, preferred or made before, and pending at, such commencement.
Notes Introduction . This is a saving section which exempts from the operation of the new legislation, the pending suits, appeals and applications. Section 6 of the General Clauses Act X of 1897 provides that the repeal of any enactment shall not revive anything not in force or existing at the time of the repeal or affect any right, privilege, obligation or liability acquired, accrued under any enactment so repealed .
Section 32. Repeal
7 [* * *]
PERIOD OF LIMITATION
[ See Sections 2( j ) and 3]
|
Description of suit |
Period of limitation |
Time from which period begins to run |
|---|---|---|
|
1. For the balance due on a mutual, open and current account, where there have been reciprocal demands between the parties. |
Three years |
The close of the year in which the last item admitted or proved is entered in the account; such year to be computed as in the account. |
|
2. Against a factor for an acccount. |
Three years |
When the account is, during the continuance of the agency, demanded and refused or, where no such demand is made, when the agency terminates. |
|
3. By a principal against his agent for movable property received by the latter and not accounted for. |
do |
When the account is, during the continuance of the agency, demanded and refused or, where no such demand is made, when the agency terminates. |
|
4. Other suits by principals against agents for neglect or misconduct. |
do |
When the neglect or misconduct becomes known to the plaintiff. |
|
5. For an account and a share of the profits of a dissolved partnership. |
do |
The date of the dissolution. |
|
Part II Suits Relating To Contracts |
||
|
6. For a seaman's wages |
Three years |
The end of the voyage during which the wages are earned. |
|
7. For wages in the case of any other person. |
do |
When the wages accrue due. |
|
8. For the price of food or drink sold by the keeper of a hotel, tavern or lodging-house. |
do |
When the food or drink is delivered. |
|
9. For the price of lodging. |
do |
When the price becomes payable. |
|
10. Against a carrier for compensation for losing or injuring goods. |
do |
When the loss or injury occurs. |
|
11. Against a carrier for compensation for non-delivery of, or delay in delivering goods. |
do |
When the goods ought to be delivered. |
|
12. For the hire of animals, vehicles, boats or household furniture. |
do |
When the hire becomes payable. |
|
13. For the balance of money advanced in payment of goods to be delivered. |
do |
When the goods ought to be delivered. |
|
14. For the price of goods sold and delivered where no fixed period of credit is agreed upon. |
do |
The date of the delivery of the goods. |
|
15. For the price of goods sold and delivered to be paid for after the expiry of a fixed period of credit. |
do |
When the period of credit expires. |
|
16. For the price of goods sold and delivered to be paid for by a bill of exchange, no such bill being given. |
do |
When the period of the proposed bill elapses. |
|
17. For the price of trees or growing crops sold by the plaintiff to the defendant where no fixed period of credit is agreed upon. |
do |
The date of the sale. |
|
18. For the price of work done by the plaintiff for the defendant at his request, where no time has been fixed for payment. |
Three years |
When the work is done. |
|
19. For money payable for money lent. |
do |
When the loan is made. |
|
20. Like suit when the lender has given a cheque for the money. |
do |
When the cheque is paid. |
|
21. For money lent under an agreement that it shall be payable on demand. |
do |
When the loan is made. |
|
22. For money deposited under an agreement that it shall be payable on demand, including money of a customer in the hands of his banker so payable. |
do |
When the demand is made. |
|
23. For money payable to the plaintiff for money paid for the defendant. |
do |
When the money is paid. |
|
24. For money payable by the defendant to the plaintiff for money received by the defendant, for the plaintiff's use. |
do |
When the money is received. |
|
25. For money payable for interest upon money due from the defendant to the plaintiff. |
do |
When the interest becomes due. |
|
26. For money payable to the plaintiff for money found to be due from the defendant to the plaintiff on accounts stated between them. |
do |
When the accounts are stated in writing signed by the defendant or his agent duly authorised in this behalf, unless where the debt is, by a simultaneous agreement in writing signed as aforesaid, made payable at a future time, and then when that time arrives. |
|
27. For compensation for breach of a promise to do anything at a specified time, or upon the happening of a specified contingency. |
do |
When the time specified arrives or the contingency happens. |
|
28. On a single bond, where a day is specified for payment. |
do |
The day so specified. |
|
29. On a single bond, where no such day is specified. |
do |
The date of executing the bond. |
|
30. On a bond subject to a condition. |
do |
When the condition is broken. |
|
31. On a bill of exchange or promissory note payable at a fixed time after date. |
do |
When the bill or note falls due. |
|
32. On a bill of exchange payable at sight, or after sight, but not at a fixed time. |
do |
When the bill is presented. |
|
33. On a bill of exchange accepted payable at a particular place. |
Three years |
When the bill is presented at that place. |
|
34. On a bill of exchange or promissory note payable at a fixed time after sight or after demand. |
do |
When the fixed time expires. |
|
35. On a bill of exchange or promissory note payable on demand and not accompanied by any writing, restraining or postponing the right to sue. |
do |
The date of the bill or note. |
|
36. On a promissory note or bond payable by instalments. |
do |
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. |
|
37. On a promissory note or bond payable by instalments, which provides that, if default be made in payment of one or more instalments, the whole shall be due. |
do |
When the default is made, unless the payee or obligee waives the benefit of the provision and then when fresh default is made in respect of which there is no such waiver. |
|
38. On a promissory note given by the maker to a third person to be delivered to the payee after a certain event should happen. |
do |
The date of the delivery to the payee. |
|
39. On a dishonoured foreign bill where protest has been made and notice given. |
do |
When the notice is given. |
|
40. By the payee against the drawer of a bill of exchange, which has been dishonoured by non-acceptance. |
do |
The date of the refusal to accept. |
|
41. By the acceptor of an accommodation bill against the drawer. |
do |
When the acceptor pays the amount of the bill. |
|
42. By a surety against the principal debtor. |
do |
When the surety pays the creditor. |
|
43. By a surety against a cosurety. |
do |
When the surety pays anything in excess of his own share. |
|
44. ( a ) On a policy of insurance when the sum insured is payable after proof of the death has been given to or received by the insurers. |
do |
The date of the death of the deceased, or where the claim on the policy is denied, either partly or wholly, the date of such denial. |
|
( b ) On a policy of insurance when the sum insured is payable after proof of the loss has been given to or received by the insurers. |
do |
The date of the occurrence causing the loss, or where the claim on the policy is denied either partly or wholly, the date of such denial. |
|
45. By the assured to recover premia paid under a policy voidable at the election of the insurers. |
do |
When the insurers elect to void the policy. |
|
46. Under the Indian Succession Act, 1925 (93 of 1925), Section 360, or Section 361, to compel a refund by a person to whom an executor or administrator has paid a legacy or distributed assets. |
Three years |
The date of the payment or distribution. |
|
47. For money paid upon an existing consideration which afterwards fails. |
do |
The date of the failure. |
|
48. For contribution by a party who has paid the whole or more than his share of the amount due under a joint decree, or by a sharer in a joint estate who has paid the whole or more than his share of the amount of revenue due from himself and his co-sharers. |
do |
The date of the payment in excess of the plaintiff's own share. |
|
49. By a co-trustee to enforce against the estate of a deceased trustee a claim for contribution. |
do |
When the right to contribution accrues. |
|
50. By the manager of a joint estate of an undivided family for contribution, in respect of a payment made by him on account of the estate. |
do |
The date of the payment. |
|
51. For the profits of immovable property belonging to the plaintiff which have been wrongfully received by the defendant. |
do |
When the profits are received. |
|
52. For arrears of rent. |
do |
When the arrears become due. |
|
53. By a vendor of immovable property for personal payment of unpaid purchase-money. |
do |
The time fixed for completing the sale, or (where the title is accepted after the time fixed for completion) the date of the acceptance. |
|
54. For specific performance of a contract. |
do |
The date fixed for the performance, or, if no such date is fixed, when the plaintiff has notice that performance is refused. |
|
55. For compensation for the breach of any contract, express or implied, not herein specially provided for. |
do |
When the contract is broken or (where there are successive breaches) when the breach in respect of which the suit is instituted occurs or (where the breach is continuing) when it ceases. |
|
Part III Suits Relating To Declarations |
||
|
56. To declare the forgery of an instrument issued or registered. |
Three years |
When the issue or registration becomes known to the plaintiff. |
|
57. To obtain a declaration that an alleged adoption is invalid, or never, in fact, took place. |
do |
When the alleged adoption becomes known to the plaintiff. |
|
58. To obtain any other declaration. |
Three years |
When the right to sue first accrues. |
|
Part IV Suits Relating To Decrees and Instruments |
||
|
59. To cancel or set aside an instrument or decree or for the rescission of a contract. |
Three years |
When the facts entitling the plaintiff to have the instrument or decree cancelled or set aside or the contract rescinded first become known to him. |
|
60. To set aside a transfer of property made by the guardian of a ward |
|
( a ) by the ward who has attained majority; |
do |
When the ward attains majority. |
|
( b ) by the ward's legal representative |
||
|
( i ) when the ward dies within three years from the date of attaining majority; |
do |
When the ward attains majority. |
|
( ii ) when the ward dies before attaining majority. |
do |
When the ward dies. |
|
|
||
|
Part V Suits Relating To Immovable Property |
||
|
61. By a mortgagor |
||
|
( a ) to redeem or recover possession of immovable property mortgaged; |
Thirty years |
When the right to redeem or to recover possession accrues. |
|
( b ) to recover possession of immovable property mortgaged and afterwards transferred by the mortgagee for a valuable consideration; |
Twelve years |
When the transfer becomes known to the plaintiff. |
|
( c ) to recover surplus collections received by the mortgagee after the mortgage has been satisfied. |
Three years |
When the mortgagor re-enters on the mortgaged property. |
|
62. To enforce payment of money secured by a mortgage or otherwise charged upon immovable property. |
Twelve years |
When the money sued for becomes due. |
|
63. By a mortgagee |
||
|
( a ) for foreclosure; |
Thirty years |
When the money secured by the mortgage becomes due. |
|
( b ) for possession of immovable property mortgaged. |
Twelve years |
When the mortgagee becomes entitled to possession. |
|
64. For possession of immovable property based on previous possession and not on title, when the plaintiff while in possession of the property has been dispossessed. |
Twelve years |
The date of dispossession. |
|
65. For possession of immovable property or any interest therein based on title. |
Twelve years 8 |
When the possession of the defendant becomes adverse to the plaintiff. |
|
Explanation . For the purposes of this article |
||
|
( a ) where the suit is by a remainderman, a reversioner (other than a landlord) or a devisee, the possession of the defendant shall be deemed to become adverse only when the estate of the remainderman, reversioner or devisee, as the case may be, falls into possession; |
||
|
( b ) where the suit is by a Hindu or Muslim entitled to the possession of immovable property on the death of a Hindu or Muslim female, the possession of the defendant shall be deemed to become adverse only when the female dies; |
||
|
( c ) where the suit is by a purchaser at a sale in execution of a decree when the judgment-debtor was out of possession at the date of the sale, the purchaser shall be deemed to be a representative of the judgment-debtor who was out of possession. |
|
66. For possession of immovable property when the plaintiff has become entitled to possession by reason of any forfeiture or breach of condition. |
Twelve years |
When the forfeiture is incurred or the condition is broken. |
|
67. By a landlord to recover possession from a tenant. |
Twelve years |
When the tenancy is determined. |
|
Part VI Suits Relating To Movable Property |
||
|
68. For specific movable property lost, or acquired by theft, or dishonest misappropriation or conversion. |
Three years |
When the person having the right to the possession of the property first learns in whose possession it is. |
|
69. For other specific movable property. |
do |
When the property is wrongfully taken. |
|
70. To recover movable property deposited or pawned from a depositary or pawnee. |
do |
The date of refusal after demand. |
|
71. To recover movable property deposited or pawned, and afterwards bought from the depositary or pawnee for a valuable consideration. |
Three years |
When the sale becomes known to the plaintiff. |
|
Part VII Suits Relating To Torts |
||
|
72. For compensation for doing or for omitting to do an act alleged to be in pursuance of any enactment in force for the time being in the territories to which this Act extends. |
One year |
When the act or omission takes place. |
|
73. For compensation for false imprisonment. |
do |
When the imprisonment ends. |
|
74. For compensation for a malicious prosecution. |
do |
When the plaintiff is acquitted or the prosecution is otherwise terminated. |
|
75. For compensation for libel. |
do |
When the libel is published. |
|
76. For compensation for slander. |
do |
When the words are spoken, or, if the words are not actionable in themselves, when the special damage complained of results. |
|
77. For compensation for loss of service occasioned by the seduction of the plaintiff's servant or daughter. |
do |
When the loss occurs. |
|
78. For compensation for inducing a person to break a contract with the plaintiff. |
do |
The date of the breach. |
|
79. For compensation for an illegal, irregular or excessive distress. |
do |
The date of the distress. |
|
80. For compensation for wrongful seizure of movable property under legal process. |
do |
The date of the seizure. |
|
81. By executors, administrators or representatives under the Legal Representatives' Suits Act, 1855 (12 of 1855). |
do |
The date of the death of the person wronged. |
|
82. By executors, administrators or representatives under the Indian Fatal Accidents Act, 1855 (13 of 1855). |
Two years |
The date of the death of the person killed. |
|
83. Under the Legal Representatives' Suits Act, 1855 (12 of 1855), against an executor, an administrator or any other representative. |
do |
When the wrong complained of is done. |
|
84. Against one who, having a right to use property for specific purposes, perverts it to other purposes. |
do |
When the perversion first becomes known to the person injured thereby. |
|
85. For compensation for obstructing a way or a watercourse. |
Three years |
The date of the obstruction. |
|
86. For compensation for diverting a watercourse. |
Three years |
The date of the diversion. |
|
87. For compensation for trespass upon immovable property. |
do |
The date of the trespass. |
|
88. For compensation for infringing copyright or any other exclusive privilege. |
do |
The date of the infringement. |
|
89. To restrain waste. |
do |
When the waste begins. |
|
90. For compensation for injury caused by an injunction wrongfully obtained. |
do |
When the injunction ceases. |
|
91. For compensation |
|
( a ) for wrongfully taking or detaining any specific movable property lost, or acquired by theft, or dishonest misappropriation or conversion; |
do |
When the person having the right to the possession of the property first learns in whose possession it is. |
|
( b ) for wrongfully taking or injuring or wrongfully detaining any other specific movable property. |
do |
When the property is wrongfully taken or injured, or when the detainer's possession becomes unlawful. |
|
|
||
|
|
||
|
Part VIII Suits Relating To Trusts and Trust Property |
||
|
92. To recover possession of immovable property conveyed or bequeathed in trust and afterwards transferred by the trustee for a valuable consideration. |
Twelve years |
When the transfer becomes known to the plaintiff. |
|
93. To recover possession of movable property conveyed or bequeathed in trust and afterwards transferred by the trustee for a valuable consideration. |
Three years |
When the transfer becomes known to the plaintiff. |
|
94. To set aside a transfer of Twelve years immovable property comprised in a Hindu, Muslim or Buddhist religious or charitable endowment, made by a manager thereof for a valuable consideration. |
Twelve years |
When the transfer becomes known to the plaintiff. |
|
95. To set aside a transfer of movable property comprised in a Hindu, Muslim or Buddhist religious or charitable endowment, made by a manager thereof for a valuable consideration. |
Three years |
When the transfer becomes known to the plaintiff. |
|
96. By the manager of a Hindu, Muslim or Buddhist religious or charitable endowment to recover possession of movable or immovable property comprised in the endowment which has been transferred by a previous manager for a valuable consideration. |
Twelve years |
The date of death, resignation or removal of the transferor or the date of appointment of the plaintiff as manager of the endowment, whichever is later. |
|
Part IX Suits Relating To Miscellaneous Matters |
||
|
97. To enforce a right of pre-emption whether the right is founded on law or general usage or on special contract. |
One year |
When the purchaser takes under the sale sought to be impeached, physical possession of the whole or part of the property sold, or, where the subject-matter of the sale does not admit of physical possession of the whole or part of the property, when the instrument of sale is registered. |
|
98. By a person against whom 9 [an order referred to in Rule 63 or in Rule 103] of Order XXI of the Code of Civil Procedure, 1908 (5 of 1908), or an order under Section 28 of the Presidency Small Cause Courts Act, 1882 (15 of 1882), has been made, to establish the right which he claims to the property comprised in the order. |
do |
The date of the final order. |
|
99. To set aside a sale by a civil or revenue court or a sale for arrears of Government revenue or for any demand recoverable as such arrears. |
do |
When the sale is confirmed or would otherwise have become final and conclusive had no such suit been brought. |
|
100. To alter or set aside any decision or order of a civil court in any proceeding other than a suit or any act or order of an officer of Government in his official capacity. |
do |
The date of the final decision or order by the court or the date of the act or order of the officer, as the case may be. |
|
101. Upon a judgment, including a foreign judgment, or a recognisance. |
Three years |
The date of the judgment or recognisance. |
|
102. For property which the plaintiff has conveyed while insane. |
do |
When the plaintiff is restored to sanity and has knowledge of the conveyance. |
|
103. To make good out of the general estate of a deceased trustee the loss occasioned by a breach of trust. |
do |
The date of the trustee's death or if the loss has not then resulted, the date of the loss. |
|
104. To establish a periodically recurring right. |
do |
When the plaintiff is first refused the enjoyment of the right. |
|
105. By a Hindu for arrears of maintenance. |
do |
When the arrears are payable. |
|
106. For a legacy or for a share of a residue bequeathed by a testator or for a distributive share of the property of an intestate against an executor or an administrator or some other person legally charged with the duty of distributing the estate. |
Twelve years |
When the legacy or share becomes payable or deliverable. |
|
107. For possession hereditary office. |
Twelve years |
When the defendant takes possession of the office adversely to the plaintiff. |
|
Explanation . A hereditary office is possessed when the properties thereof are usually received, or (if there are no properties) when the duties thereof are usually performed. |
||
|
108. Suit during the life of a Hindu or Muslim female by a Hindu or Muslim who, if the female died at the date of instituting the suit, would be entitled to the possession of land, to have an alienation of such land made by the female declared to be void except for her life or until her remarriage. |
do |
The date of the alienation. |
|
109. By a Hindu governed by Mitakshara law to set aside his father's alienation of ancestral property. |
do |
When the alienee takes possession of the property. |
|
110. By a person excluded from a joint family property to enforce a right to share therein. |
do |
When the exclusion becomes known to the plaintiff. |
|
111. By or on behalf of any local authority for possession of any public street or road or any part thereof from which it has been dispossessed or of which it has discontinued the possession. |
Thirty years |
The date of the dispossession or discontinuance. |
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112. Any suit (except a suit before the Supreme Court in the exercise of its original jurisdiction) by or on behalf of the Central Government or any State Government, including the Government of the State of Jammu and Kashmir. |
do |
When the period of limitation would begin to run under this Act against a like suit by a private person. |
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Part X Suits for which there is no prescribed period |
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113. Any suit for which no period of limitation is provided elsewhere in this Schedule. |
Three years |
When the right to sue accrues |
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SECOND DIVISION APPEALS |
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114. Appeals from an order of acquittal |
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( a ) under sub-section (1) or sub-section (2) of Section 417 of the Code of Criminal Procedure, 1898; |
Ninety days |
The date of the order appealed from. |
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( b ) under sub-section (3) of Section 417 of that Code. |
Thirty days |
The date of the grant of special leave. |
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115. Under the Code of Criminal Procedure, 1898 |
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( a ) from a sentence of death passed by a court of session or by a High Court in the exercise of its original criminal jurisdiction; |
Thirty days |
Time from which period begins to run. |
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( b ) from any other sentence or any order not being an order of acquittal |
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( i ) to the High Court |
Sixty days |
The date of the sentence or order. |
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( ii ) to any other court |
Thirty days |
The date of the sentence or order. |
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116. Under the Code of Civil Procedure, 1908 |
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( a ) to a High Court from any decree or order; |
Ninety days |
The date of the decree or order. |
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( b ) to any other court from any decree or order. |
Thirty days |
The date of the decree or order. |
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117. From a decree or order of any High Court to the same Court. |
do |
The date of the decree or order. |
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THIRD DIVISION APPLICATIONS |
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Part I Applications in specified cases |
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118. For leave to appear and defend a suit under summary procedure. |
Ten days |
When the summons is served. |
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119. Under the Arbitration Act, 1940 |
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( a ) for the filing in court of an award; |
Thirty days |
The date of service of the notice of the making of the award. |
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( b ) for setting aside an award or getting an award remitted for reconsideration. |
do |
The date of service of the notice of the filing of the award. |
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120. Under the Code of Civil Procedure, 1908 to have the legal representative of a deceased plaintiff or appellant or of a deceased defendant or respondent, made a party. |
Ninety days |
The date of death of the plaintiff, appellant, defendant or respondent, as the case may be. |
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121. Under the same Code for an order to set aside an abatement. |
Sixty days |
The date of abatement. |
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122. To restore a suit or appeal or application for review or revision dismissed for default of appearance or for want of prosecution or for failure to pay costs of service of process or to furnish security for costs. |
Thirty days |
The date of dismissal. |
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123. To set aside a decree passed ex parte or to rehear an appeal decreed or heard ex parte. |
Thirty days |
The date of the decree or where the summons or notice was not duly served, when the applicant had knowledge of the decree. |
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Explanation . For the purpose of this article, substituted service under Rule 20 of Order V of the Code of Civil Procedure, 1908 (5 of 1908) shall not be deemed to be due service. |
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124. For a review of judgment by a court other than the Supreme Court. |
Thirty days |
The date of the decree or order. |
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125. To record an adjustment or satisfaction of a decree. |
do |
When the payment or adjustment is made. |
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126. For the payment of the amount of a decree by instalments. |
do |
The date of the decree. |
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127. To set aside a sale in execution of a decree including any such application by a judgment-debtor. |
10 [Sixty days] |
The date of the sale. |
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128. For possession by one dispossessed of immovable property and disputing the right of the decree-holder or purchaser at a sale in execution of a decree. |
Thirty days |
The date of dispossession. |
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129. For possession after removing resistance or obstruction to delivery of possession of immovable property decreed or sold in execution of a decree. |
do |
The date of resistance or obstruction. |
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130. For leave to appeal as a pauper |
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( a ) to the High Court; |
Sixty days |
The date of decree appealed from. |
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( b ) to any other court. |
Thirty days |
The date of decree appealed from. |
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131. To any court for the exercise of its powers of revision under the Code of Civil Procedure, 1908 (5 of 1908) or the Code of Criminal Procedure, 1898 (5 of 1898). |
Ninety days |
The date of the decree or order or sentence sought to be revised. |
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132. To the High Court for a certificate of fitness to appeal to the Supreme Court under clause (1) of Article 132, Article 133 or sub-clause ( c ) of clause (1) of Article 134 of the Constitution or under any other law for the time being in force. |
Sixty days |
The date of the decree, order or sentence. |
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133. To the Supreme Court for special leave to appeal, |
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( a ) in a case involving death sentence; |
Sixty days |
The date of the judgment, final order or sentence. |
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( b ) in a case where leave to appeal was refused by the High Court; |
do |
The date of the order of refusal. |
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( c ) in any other case. |
Ninety days |
The date of the judgment or order. |
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134. For delivery of possession by a purchaser of immovable property at a sale in execution of a decree. |
One year |
When the sale becomes absolute. |
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135. For the enforcement of a decree granting a mandatory injunction. |
Three years |
The date of the decree or where a date is fixed for performance, such date. |
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136. For the execution of any decree (other than a decree granting a mandatory injunction) or order of any civil court. |
Twelve years |
11 [When] the decree or order becomes enforceable or where the decree or any subsequent order directs any payment of money or the delivery of any property to be made at a certain date or at recurring periods when default in making the payment or delivery in respect of which execution is sought, takes place: Provided that an application for the enforcement or execution of a decree granting a perpetual injunction shall not be subject to any period of limitation. |
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137. Any other application for which no period of limitation is provided elsewhere in this Division. |
Three years |
When the right to apply accrues. |
1. Received the assent of the President on the 5th October, 1963 and published in the Gaz. of India, Extra., Part II, S. 1 dated October 5, 1963, pp. 319-347.
2. The words except the State of Jammu and Kashmir omitted by Act 34 of 2019, Ss. 95, 96 and Sch. V (w.e.f. 31-10-2019).
3. The words on which the decree or order is founded omitted by Act 46 of 1999, S. 33 (w.e.f. 1-7-2002).
4. Omitted by Act 56 of 1974, S. 2 and Sch. I. Prior to omission it read as: 28. Amendment of certain Acts. In the Indian Easements Act, 1882, in Section 15, for the words sixty years , the words thirty years shall be substituted and in the Code of Civil Procedure, 1908, Section 48 shall be omitted.
5. Subs. by Act 10 of 1969, S. 2, for five years (retrospectively).
6. Ins. by Act 10 of 1969, S. 2.
7. Omitted by Act 56 of 1974, S. 2 and Sch. I. Prior to omission it read as: 32. Repeal. The Indian Limitation Act, 1908 (9 of 1908), is hereby repealed.
8. In Bihar vide Bihar Regn. 1 of 1969, the following words and figures shall be added at the end: but 30 years in respect of immovable property belonging to a member of the Scheduled Tribes as specified in Part III to Schedule to the Constitution (Scheduled Tribes) Order, 1950.
9. Subs. by Act 52 of 1964, S. 3 and Sch. II.
10. Subs. by Act 104 of 1976, S. 98 for thirty days (w.e.f. 1-2-1977). S. 98(2) in this regard provides: (2) Where the period specified in Article 127 of Sch. to the Limitation Act, 1963 (36 of 1963), had expired on or before the commencement of this Act viz., (1-2-1977), nothing contained in sub-section (1) shall be construed as enabling such application as is referred to in the said article, to be filled after the commencement of this Act by reason only of the fact that a longer period therefor is specified in the Act aforesaid by reason of the provision if sub-section (1).
11. Subs. by Act 52 of 1964, S. 3 and Sch. II.