Well Mr. Manish you can take reference of limitation law as under;
LIMITATION ACT, 1963
[Act No. 36 of Year 1963, dated 5th. October, 1963]
LIMITATION ACT, 1963
PART I: PRELIMINARY
1. Short title, extent and commencement
2. Definitions
PART II: LIMITATION OF SUITS, APPEALS AND APPLICATIONS
3. Bar of limitation
4. Expiry of prescribed period when court is closed
5. Extension of prescribed period in certain cases
6. Legal disability
7. Disability of one of several persons
8. Special exceptions
9. Continuous running of time
10. Suits against trustees and their representatives
11. Suits on contracts entered into outside the territories to which the Act extends
PART III: COMPUTATION OF PERIOD OF LIMITATION
12. Exclusion of time in legal proceedings
13. Exclusion of time in cases where leave to sue or appeal as a pauper is
applied for
14. Exclusion of time of proceeding bona fide in court without jurisdiction
15. Exclusion of time in certain other cases
16. Effect of death on or before the accrual of the right to sue
17. Effect of fraud or mistake
18. Effect of acknowledgement in writing
19. Effect of payment on account of debt or of interest on legacy
20. Effect of acknowledgement or payment by another person
21. Effect of substituting or adding new plaintiff or defendant
22. Continuing breaches and torts
23. Suits for compensation for acts not actionable without special damage
24. Computation of time mentioned in instruments
PART IV: ACQUISITION OF OWNERSHIP BY POSSESSION
25. Acquisition of easement by prescripttion
26. Exclusion in favour of reversioner of servient tenement
27. Extinguishment of right to property
PART V: MISCELLANEOUS
28. Amendment of certain Acts
29. Saving
30. Provision for suits, etc., for the prescribed period is shorter than the period
prescribed by the Indian Limitation Act, 1908
31. Provisions as to barred or pending suits, etc.
32. Repeal
THE SCHEDULE: PERIODS OF LIMITATION
Foot Notes
An Act to consolidate and amend the law for the limitation of suits and other proceedings
and for purposes connected therewith
Be it enacted by Parliament in the Fourteenth Year of the Republic of India as follows: -
PART I: PRELIMINARY
1. Short title, extent and commencement
(1) This Act may be called the Limitation Act, 1963.
(2) It extends to the whole of India except the State of Jammu and Kashmir.
(3) It shall come into force on such date1 as the Central Government may, by
notification in the Official Gazette, appoint.
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 mortgage has been satisfied or a person in wrongful possession without title.
PART II: LIMITATION OF SUITS, APPEALS AND APPLICATIONS
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.
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
date 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.
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 judgement of the High Court in ascertaining or computing the prescribed
period may be sufficient cause within the meaning of this 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 times 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.
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.
8. Special exceptions
Nothing in section 6 or in section 7 applies to suits to enforce rights of pre-emption, 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.
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 stops it:
PROVIDED that where letters of administration to the estate of 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.
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.
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.
PART III: COMPUTATION OF PERIOD OF LIMITATION
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 judgement, the day on which judgement
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 judgement 2[***] 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.
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.
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.
15. Exclusion of time in certain other cases
(1) In computing the period of limitation of 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 by 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 the Central Government, shall be excluded.
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 time7 when there is a legal
representative of the deceased against whom the plaintiff may institute such suit or
making 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.
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 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 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 judgement-debtor has, by fraud or force, prevented the execution of a
decree or order with the period of limitation, the court may, on the application of the
judgement-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.
18. Effect of acknowledgement in writing
(1) Where, before the expiration of the prescribed period for a suit or application in
respect of any property or right, an acknowledgement 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
acknowledgement was so signed.
(2) Where the writing containing the acknowledgement 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 acknowledgement 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 a 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.
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 acknowledgement 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.
20. Effect of acknowledgement 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
acknowledgement 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 acknowledgement 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 acknowledgement 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 acknowledgement 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 acknowledgement 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.
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.
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
the tort, as the case may be, continues.
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.
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.
PART IV: ACQUISITION OF OWNERSHIP BY POSSESSION
25. Acquisition of easement by prescripttion
(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 with 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
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.
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 interests or term resisted by the person entitled on such
determination to the said land or water.
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.
PART V: MISCELLANEOUS
28. Amendment of certain Acts
[Rep. by the Repealing and Amending Act, 1974 (56 of 1974) s. 2 and First Sch.]
29. Saving
(1) Nothing in this Act shall affect section 25 of the Indian Contract Act, 1872 (9 of
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 s. 3 shall apply as if such periods were the periods 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 in so far 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 (5 of 1882), may
for the time being extend.
30. Provision for suits, etc., for 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 (9 of 1908), may be instituted within a
period of 3[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:
4[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 (9 of 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 a
period prescribed for such appeal or application by the Indian Limitation Act, 1908,
whichever period expires earlier.
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, 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.
32. Repeal
[Rep. by the Repealing and Amending Act, 1974 (56 of 1974)]
SCHEDULE : Period of Limitations
DIVISION I
PART I - Suits Relating to Accounts
SL.
NO.
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
account
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.
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.
4. Other suits by principals
against agents for
Three years When the neglect or
misconduct becomes known
to the plaintiff.
5. For an account and a share
of the profits of dissolved
partnership
Three years The date of the dissolution.
PART II - Suits relating to Contracts
SL.
NO.
DESCRIPTION OF SUIT PERIOD OF
LIMITATION
TIME FROM WHICH
PERIOD BEGINS TO RUN
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.
Three years When the wages accrue due.
8. For the price of food or drink
sold by the keeper of a hotel,
tavern or lodging house.
Three years When the food or drink is
delivered
9. For the price of lodging Three years When the price becomes
payable .
10. Against a carrier for
compensation for nondelivery
of or delay in
delivering goods.
Three years When the loss or injury
occurs.
11. Against a carrier for
compensation for losing or
injuring goods.
Three years When the goods ought to be
delivered.
12. For the hire of animals,
vehicles, boats or household
furniture.
Three years When the hire becomes
payable.
13. For the balance of money
advance in payment of goods
to be delivered.
Three years When the goods ought to be
delivered.
14. For the price of goods sold
and delivered when no fixed
period of credit is agreed
upon.
Three years The date of 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.
Three years 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.
Three years 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 not fixed period of
credit is agreed upon.
Three years The date of the sale.
18. For the price of work done by
the plaintiff for the defendant
at his request, where no time
Three years When the work is done.
has been fixed for payment.
19. For money payable for money
lent.
Three years When the loan is made.
20. Like suit when the lender has
given a cheque for the
money.
Three years When the cheque is paid.
21. For money lent under an
agreement that it shall be
payable on demand.
Three years When the loan is made.
22. For money deposited under
an agreement that it shall be
payable on demanded,
including money of a
customer in the hands of his
banker so payable.
Three years When the demand is made.
23. For money payable by the
defendant to he plaintiff for
money received by the
defendant, for the plaintiff's
use.
Three years When the money is paid.
24. For money payable to the
plaintiff for money paid for
the defendant.
Three years When the money is received.
25. For money payable for
interest upon money due
from the defendant to the
plaintiff.
Three years When the interest becomes
due.
26. For money payable to the
plaintiff for money found to
be due from the fedendant to
the plaintiff on accounts
stated between them
Three years 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 payment
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.
Three years When the time specified
arrives or the contingency
happens.
28. On a single bond where a day
is specified for payment
Three years The day so specified.
29. On a single bond, where no
such day is specified.
Three years The date of executing the
bond.
30. On a bond subject to a
condition
Three years When the condition is broken.
31. On a bill of exchange or
promissory-note payable at a
fixed time after date.
Three years 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.
Three years 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.
Three years 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.
Three years The date of the bill or note.
36. On a promissory-note or bond
payable by installments.
Three years 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 installments which
provides that, if default be
made in payment of one or
more installments, the whole
shall be due.
Three years When the default is made
unless where 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
Three years The date of the delivery to
the payee.
should happen.
39. On a dishonored foreign bill
where protest have been
made and notice given.
Three years When the notice is given.
40. By the payee against the
drawer of a bill of exchange,
which has been dishonored by
non-acceptance.
Three years The date of refusal to accept.
41. By the acceptor of an
accommodation-bill against
the drawer.
Three years When the acceptor pays.
42. By a surety against the
principal debtor.
Three years When the surety pays the
creditor.
43. By a survey against a crusty. Three years 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.
Three years 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.
44.
(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.
Three years 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
preemie paid under a policy
violable at the election of the
insurers.
Three years When the insurers elect to
avoid the policy.
46. Under the Indian Succession
Act,1925 (39 of 1925),
section 360 of Sec. 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 on
existing consideration which
afterwards fails.
Three years The date of failure.
48. For contribution by a party
who has paid the whole or
more then his share of the
amount due under a joined
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 cosharers.
Three years 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.
Three years When the right to contribution
accrues.
50. By the manager of joint estate
of an undivided family for
contribution, in respect of
payment made by him on
account of the estate.
Three years The date of the payment.
51. For the profits of immovable
property belonging to the
plaintiff which have been
wrongfully received by the
defendant.
Three years When the profits are received.
52. For arrears of rent. Three years When the arrears become due.
53. By a vendor of immovable
property for personal payment
of up-paid purchase money.
Three years 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.
Three years The date of 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.
Three years 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.
Three years 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 Declarations
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
becomes 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;
Three
years
When the ward attains
majority.
(b) By the ward's legal
representative
Three
years
i. When the ward dies
within three years from
the date of attaining
majority;
When the ward attains
majority.
When the ward dies before
attaining majority
Three
years
When the ward dies.
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 Twelve When the transfer becomes
immovable property mortgaged
and afterwards transferred by
the mortgage for a valuable
consideration.
years known to plaintiff.
(c) to recover surplus collection
received by the mortgage after
the mortgage has been
satisfied.
Three
years
When the mortgagor reenters
on the mortgaged property.
PART V - Suits relating to Immovable 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 mortgage
(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 mortgage 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
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
remainder-man, a
reversionary (other than a
landlord); or a devisee the
possession of the defendant
shall be deemed to become
adverse only when the estate
of the remainder man,
reversionary 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.
Three years When the property is
wrongfully taken.
70. To recover movable property
deposited or pawned from a
depositary or pawnee.
Three years The date of refusal after
demand.
71. To recover movable property
deposited or pawned, and
afterwards brought from the
deposited or pawned, and
afterwards brought 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 compensations for
false imprisonment.
One year When the imprisonment ends.
74. For compensation for
malicious prosecution.
One year When the plaintiff is acquitted or the prosecution
is otherwise terminated.
75. For compensation for libel. One year When the libel is published.
76. For compensation for
slander.
One year 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.
One year When the loss occurs.
78. For compensation for
inducing a person to break
a contract with the
plaintiff.
One year The date of the breach.
79. For compensation for
anillegal, irregular or
excessive distress.
One year The date of the distress.
80. For compensation for
wrongful seizure or
movable property under
legal process.
One year The date of the seizure.
81. By executors,
administrators or
representatives under the
Legal Representatives
Suits Act,1855.
One year The date of the death of the person wronged.
82. By executors,
administrators or
representatives under the
Indian Fatal Accidents
Act,1855.
Two years The date of the death of the person killed.
83. Under the Legal
Representative Suits
Act,1855 against an
executor, and
administrator or any other
representative.
Two years 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.
Two years When the perversion first becomes known to the
person injured thereby.
85. For compensation for
obstructing a way or a
water course.
Three years The date of the obstruction.
86. For compensation for
diverting a water course.
Three years The date of the diversion.
87. For compensation for
trespass upon immovable
property.
Three years The date of the trespass.
88. For compensation for
infringing copyright or any
other exclusive privilege.
Three years The date of the infringement.
89. To restrain waste. Three years When the waste begins.
90. For compensation for
injury caused by an
injunction wrongfully
obtained.
Three years 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.
Three years 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.
Three years When the property is wrongfully taken or injured,
or when the detainee's possession becomes
unlawful.
PART VIII - Suits relating to trust 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 immovable
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 to 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
and 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 transfer 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
preemption 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
instruments of sale is
registered.
98. By a person against whom an
order referred to R.63 or rule
103 of Order XXI of the Code
of Civil Procedure, 1908 or an
order under section 28 of the
Presidency Small Cause
Courts Act,1882 has been
made, to establish the right
which he claims o the
property comprised in the
order.
One year 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.
One year 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 r order of a civil court
any proceeding other than a
suit of any act or order of an
officer of Government in his
official capacity.
One year 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.
101. Upon a judgment including a
foreign judgment, or a
recognizance.
Three years The date of the judgment or
recognisance.
102. For property which the
plaintiff has conveyed while
insane.
Three years 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
Three years The date of the trustee's
death or if the loss has not
then resulted, the date of the
a breach of trust. loss.
104. To establish a periodically
recurring right.
Three years When the plaintiff is first
refused the enjoyment for
the right.
105. By a Hindu for arrears of
maintenance.
Three years 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 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 of a hereditary
office.
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.
Twelve years When the defendant takes
possession of the office
adversely to the plaintiff.
108. Suit during the life of a Hindu
r 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.
Twelve years The date of the alienation.
109. By Hindu governed by
Mitakshara Law to set aside
his father's alienation or
ancestral property.
Twelve years When the Aileen takes
possession of the property.
110. By a person excluded from a
joint-family property to
enforce a right to share
therein.
Twelve years 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.
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.
Thirty years When the period of limitation
would begin to run under this
Act against a like suit by a
private person.
PART X - Suits for which there is no prescribed period
113. Any suit for which no period
of limitation is provided
elsewhere in this Schedule.
Three years When the right to sue
accrues.
DIVISION - II
SL.
NO.
DESCRIPTION OF SUIT PERIOD OF
LIMITATION
TIME FROM
WHICH PERIOD
BEGINS TO RUN
114. Appeal from an order of acquittal, -
(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.
(b) under sub-section (3) of Section 417 of
the that Code.
Thirty days The date of the
grant of Special
leave.
115. Under Code of Criminal Procedure,1898
(a) From a sentence of death passed by a
court of section or by a High Court in the
exercise of its original Criminal
Jurisdiction.
Thirty days The date of the
sentence
(b) From any other sentence or any order
not being an order of acquittal -
(i) to the High Court Sixty days The date of the
sentence or order.
(ii) to any other Court Thirty days The date of the
sentence or order.
116. Under the Code of Civil Procedure,1908
(a) To a High Court from any decree or
order;
Ninety days The date of the
decree or order.
(b) To any other court from any decree or
order.
Thirty days The date of the
decree or order.
117. From a decree or order of any High Court
to the same Court.
Thirty days The date of the
decree or order.
DIVISION – III
APPLICATIONS
PART I - Applications in specified cases
SL.NO. DESCRIPTION OF SUIT PERIOD OF
LIMITATION
TIME FROM
WHICH PEROID
BEGINS TO RUN
118. For leave to appear and defend a suit
under summary procedure.
Ten days When the summons
is served.
119. Under the Arbitration Act,1940
(a) For the filing in court of an award; Thirty days The date of service
of the notice of the
making of the
award;
(b) For setting aside an award or getting
an award remitted for reconsideration.
Thirty days The date of the
service of the notice
of the filing of the
award.
120. Under the Code of Civil Procedure,1908,
to have the legal representative of a
deceased plaintiff or appellant or of a
Ninety days The date of the
death f the plaintiff,
appellant,
deceased defendant or respondent, made
a party.
defendant or
respondent, as the
case may be;
121. Under the same Code for an order to set
aside an abatement.
Sixty days The date of
abatement.
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.
123. To set aside a decree passed ex prate or
to rehear an appeal decree or head ex
prate.
Explanation - For the purpose of this
article, substituted service under rule 20
of Order V of the Code of Civil Procedure,
1908 shall not be deemed to be due
service.
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.
124. For a review of judgment by a court other
than the Supreme Court.
Thirty days The date of the
decree or order.
125. To record an adjustment or satisfaction of
a decree.
Thirty days When the payment
or adjustment is
made.
126. For the payment of the amount of a
decree by installments.
Thirty days The date of the
decree.
127. To set aside a sale in execution of a
decree, including any such application by
a judgment-debtor.
Thirty days The date o the sale.
128. For possession by on dispossessed of
immovable property and disputing the
right f the decree-holder or purchaser at
a sale in execution of a decree.
Thirty days The date of the
dispossession.
129. For possession after removing resistance
or obstruction of delivery of possession of
immovable property decreed or sold in
execution f a decree.
Thirty days The date of
resistance or
obstruction.
130. For leave to appeal as a pauper -
(a) To thee High Court; Sixty days The date of decree
appealed from.
(b) To any other Court; Thirty days The date of decree
appealed from.
131. To any court for the exercise of its
powers of revision under the Code of Civil
Procedure,1908, or the Code of Criminal
Procedure, 1898.
Ninety days The date of the
decree or order of
sentence sought to
be revised.
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 (e) of
Article 134 of thee Constitution or under
any other law for the time being in force.
Sixty days The date of the
order or sentence.
133. To the Supreme Court for Special leave
to appeal,
(a) In a case involving death sentence; Sixty days Th date of the
judgment, final
order or sentence.
(b) In a case where leave to appeal was
refused
by the High Court;
Sixty days The date of the
order of refusal.
(c) In any other case. Ninety days When date of the
judgment or order.
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.
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.
136. For the execution of any decree (other
than a decree granting a mandatory
injunction) or order of any civil court.
Twelve years Where 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
period, 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.
PART II
Other applications
137 Any other application for which no period
of limitation is provided elsewhere in this
Division.
Three years When the right to
apply accrues
REgards
