Limitation Act,1963
Act No : 36
Section :
PERIODS OF LIMITATION
THE SCHEDULE (PERIODS OF LIMITATION) [See sections 2(j) and 3] FIRST DIVISION-SUITS --------------------------------------------------------------------- Description of suit Period of limitation Time from which period begins to run --------------------------------------------------------------------- PART I.-SUITS RELATING TO ACCOUNTS 1 For the balance due Three years. The close of the year on a mutural, open in which the last and current account, item admitted or where there have been proved is entered in reciprocal demands the account; such between the parties. year to be computed as in the account. 2 Against a factor for Three years. When the account is, an account. 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 Three years. When the account is, his agent for movable during the continuance property received by of the agency,demanded the latter and not and refused or, where accounted for. no such demand is made, when the agency terminates. 4 Others suits by Three years. When the neglect or principals against misconduct becomes agents for neglect known to the or misconduct. plaintiff. 5 For an account and a Three years. The date of the share of the profits of a dissolution. dissolved partnership. 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 Three years. When the wages accure of any other person. due. 8 For the price of food Three years. When the food or drink or drink sold by the is delivered. keeper of a hotel, tavern or lodging- house. 9 For the price of lodging Three years. When the price becomes payable. 10 Against a carrier for Three years. When the loss or injury compensation for occurs. losing or injuring goods. ---------------------------------------------------------------------- 594 ---------------------------------------------------------------------- Description of suit Period of limitation Time from which period begins to run ---------------------------------------------------------------------- 11 Against a carrier for Three years. When the goods ought compensation for non- to be delivered. delivery of, or delay in delivering, goods. 12 For the hire of Three years. When the hire becomes animals, vehicles, payable. boats or household furniture. 13 For the balance of Three years. When the goods ought money advanced in to be delivered. payment of goods to be delivered. 14 For the price of goods Three years. The date of the sold and delivered delivery of the goods. where no fixed period of credit of a fixed period of credit is agreed upon. 15 For the price of goods Three years. When the period of sold and delivered to credit expires. be paid for after the expiry of a fixed period of credit. 16 For the price of goods Three years. When the period of sold and delivered to the proposed bill be paid for by a bill elapses. of exchange, no such bill being given. 17 For the price of trees Three years The date of the sale. or growing crops sold by the plaintiff to the defendant where no fixed period of credit is agreed upon. 18 For the price of work Three years. When the work is done. done by the plaintiff for the defendant at his request, where no time has been fixed for payment. 19 For money payable for Three years. When the loan is made. money lent. 20 Like suit when the Three years. When the cheque is lender has given a paid. cheque for the money. 21 For money lent under Three years. When the loan is made. an agreement that it shall be payable on demand. 22 For money deposited Three years. When the demand is under an agreement made. that it shall be payable on demand, including money of a customer in the hands of his banker so payable. ---------------------------------------------------------------------- 595 --------------------------------------------------------------------- Description of suit Period of Time from which period limitation begins to run --------------------------------------------------------------------- 23 For money payable Three years. When the money is to the plaintiff for paid. money paid for the defendant. 24 For money payable by Three years. When the money is the defendant to the received. plaintiff for money received by the defendant, for the plaintiff's use. 25 For money payable for Three years. When the interest interest upon money becomes due. due from the defendant to the plaintiff. 26 For money payable to Three years. When the accounts the plaintiff for are stated in writing money found to be due signed by the defendant from the defendant to or his agent duly the plaintiff on accounts authorised in this stated between them. behalf. unless where the debt is, by a simulta- neous ageement in writing signed as afoesaid, made payable at a future time, and then when that time arrives. 27 For compensation for Three years. When the time breach of a promise to specified arrives do anything at a or the contingency specified time, or upon happens. the happening of a specified contingency. 28 On a single bond, where Three years. The day so specified. a day is specified for payment. 29 On a single bond, where Three years. The date of executing no such day is specified. the bond. 30 On a bond subject to Three years. When the condition is a condition broken. 31 On a bill of exchange Three years. When the bill or note or promissory note falls due. payable at a fixed time after date. 32 On a bill of exchange Three years. When the bill is payable at sight, or presented. after sight, but not at a fixed time. 33 On a bill of exchange Three years. When the bill is prese- accepted payable at a nted at that place. particular place. 34 On a bill of exchange Three years. When the fixed time or promissory note expires. payable at a fixed time after sight or after demand. 596 ---------------------------------------------------------------------- Description of suit Period of Time from which period limitation begins to run ---------------------------------------------------------------------- 35 On a bill of exchange Three years. The date of the bill or or promissory note note. payable on demand and not accompanied by any writing restraining or postponing the right to sue. 36 On a promissory note Three years. The expiration of the or bond payable by first term of payment instalments. as to the part then payable ; and for the other parts, the expi- ration of the respec- tive terms of payment. 37 On a promissory note Three years. When the default is or bond payable by made, unless where instalments, which the payee or obligee provides that, if waives the benefit default be made in of the provision payment of one or and then when fresh more instalments, the default is made in whole shall be due. respect of which there is no such waiver. 38 On a promissory note Three years. The date of the deliv- given by the maker ery to the payee. to a third person to be delivered to the payee after a certain event should happen. 39 On a dishonoured fore- Three years. When the notice is ign bill where protest given. has been made and notice given. 40 By the payee against Three years. The date of the refusal the drawer of a bill to accept. of exchange, which has been dishonoured by non acceptance. 41 By the acceptor of an Three years. When the acceptor pays accommodation-bill the amount of the against the drawer. bill. 42 By a surety against Three years. When the surety pays the principal debtor. the creditor. 43 By a surety against Three years. When the surety pays a co-surety. anything in excess of his own share. 44 (a) On a policy of Three years. The date of the death insurance when the of the deceased, or sum insured is pay- where the claim on the able after proof of policy is denied, the death has been either partly or given to or received wholly, the date by the insurers. of such denial. ------------------------------------------------------------------ 597 --------------------------------------------------------------------- Description of suit Period of Time from which period limitation begins to run ---------------------------------------------------------------------- (b) On a policy of Three years. The date of the occur- insurance when the rence causing the sum insured is pay- loss, or where the able after proof of claim on the policy is the loss has been denied, either given to or received partly or wholly, the by the insurers. date of such denial. 45 By the assured to re- Three years. When the insurers elect cover premia paid to avoid the policy. under a policy void- able at the election of the insurers. 46 Under the Indian Suc- Three years. The date of the payment cession Act, 1925, or distribution. (39 of 1925.) section 360 or section 361, to compel a refund by a person to whom an executor or adminis- trator has paid a legacy or distributed assets. 47 For money paid upon an Three years. The date of the existing consideration failure. which afterwards fails. 48 For contribution by a Three years. The date of the payment party who has paid the in excess of the whole or more than his plaintiff's own share. 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. 49 By a co-trustee to Three years. When the right to con- enforce against the tribution accrues. estate of a deceased trustee a claim for contribution. 50 By the manager of a Three years. The date of the joint estate of an un- payment. divided family for contribution, in res- pect of a payment made by him on account of the estate. 51 For the profits of im- Three years. When the profits are movable property be- received. longing to the plain- tiff which have been wrongfully received by the defendant. 52 For arrears of rent. Three years. When the arrears become due. ---------------------------------------------------------------------- 598 ---------------------------------------------------------------------- Description of suit Period of limitation Time from which period begins to run ---------------------------------------------------------------------- 53 By a vendor of im- Three years. The time fixed for com- movable property for pleting the sale, or personal payment of (where the title is unpaid purchase money. accepted after the time fixed for comple- tion) the date of the acceptance. 54 For specific perfor- Three years. The date fixed for the mance of a contract. performance, or, if no such date is fixed, when the plaintiff has noticed that perfor- mance is refused. 55 For compensation for Three years. When the contract is the breach of any broken or (where there contract, express or are successive breac- implied not herein hes)when the breach specially provided in respect of which for. the suit is instituted occurs or (where the breach is continuing) when it ceases. PART III.-SUITS RELATING TO DECLARATIONS 56 To declare the for- Three years. When the issue or gery of an instrument registration becomes issued or registered. known to the plaintiff. 57 To obtain a decla- Three years. When the alleged adop- ration that an tion becomes known to alleged adoption is the plaintiff. invalid, or never, in fact, took place. 58 To obtain any other Three years. When the right to use declaration. first accrues. PART IV.-SUTES RELATING TO DECREES AND INSTRUMENTS 59 To cancel or set aside Three years. When the facts an instrument or entitling the decree or for the plaintiff to have the rescission of a instrument or decree contract. cancelled or set aside or the contract rescinded first become known to him. 60 To set aside a trans- fer of property made by the guardian of a ward- (a) by the ward who has Three years. When the ward attains attained majority ; majority. ---------------------------------------------------------------------- 599 ---------------------------------------------------------------------- Description of suit Period of limitation Time from which period begins to run ---------------------------------------------------------------------- (b) by the ward's re- presentative- (i) when the ward Three years. When the ward attains dies within three majority. years from the date of attaining majority; (ii) when the ward dies Three years. When the ward dies. before attaining majority. PART V.-SUITS RELATING TO IMMOVABLE PROPERTY 61 By a mortgagor- (a) to redeem or re- Thirty years. When the right to re- cover possession deem or to recover of immovable possession accrues. property mort- gaged ; (b) to recover pos- Twelve years. When the transfer session of im- becomes known to the movable property plaintiff. mortgaged and after wards transferred by the mortgagee for a valuable consideration. (c) to recover surplus Three years. When the mortgagor re- collections received enters on the by the mortgagee mortgaged property. after the mortgage has been satisfied. 62 To enforce payment of Twelve years. When the money sued for money secured by a becomes due. mortgage or otherwise charged upon immovable property. 63 By a mortgagee- (a) for foreclosure ; Thirty years. When the money secured by the mortgage becomes due. (b) for possession of Twelve years. When the mortgagee be- immovable property comes entitled to mortgaged. possession. 64 For possession of im- Twelve years. The date of disposses- movable property based sion. on previous possession and not in title, when the plaintiff while in possession of the pro- perty has been dis- possessed. 65 For possession of im- Twelve years. When the possession of movable property or the defendant becomes any interest therein adverse to the based on title. plaintiff. ---------------------------------------------------------------------- 600 --------------------------------------------------------------------- Description of suit Period of limitation Time from which period begins to run --------------------------------------------------------------------- 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, rever- sioner 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 repre- sentative of the judg- ment-debtor who was not of possession. 66 For possession of im- Twelve years. When the forfeiture movable property when is incurred or the the plaintiff has condition is broken. become entitled to possession by reason of any forfeiture or breach of condition. 67 By a landlord to re- Twelve years. When the tenancy is cover possession from determined. a tenant. PART VI.-SUITS RELATING TO MOVABLE PROPERTY 68 For specific movable Three years. When the person having property lost, or the right to the acquired by theft, or possession of the dishonest misappro- property first learns priation or conver- in whose possession it sion. is. 69 For other specific Three years. When the property is movable property. wrongfully taken. ---------------------------------------------------------------------- 601 -------------------------------------------------------------------- Description of suit Period of limitation Time from which period begins to run -------------------------------------------------------------------- 70 To recover movable Three years. The date of refusal property deposited after demand. or pawned from a depositary or pawnee. 71 To recover movable Three years. When the sale becomes property deposited or known to the pawned, and afterwards plaintiff. bought from the de- positary or pawnee for a valuable consideration. PART VII.-SUITS RELATING TO TORT 72 For compensation for One year. When the act or doing or for omitting omission takes place. 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. 73 For compensation for One year. When the imprisonment false imprisonment. ends. 74 For compensation for One year. When the plaintiff is a malicious pro- acquitted or the pro- secution. secution is otherwise terminated. 75 For compensation for One year. When the libel is libel. published. 76 For compensation for One year. When the words are slander. spoken or, if the words are not action- able in themselves, when the special damage complained of results. 77 For compensation for One year. When the loss occurs. loss of service occ- asioned by the seduc- tion of the plaintiff's servant or daughter. 78 For compensation for One year. The date of the breach. inducing a person to break a contract with the plaintiff. 79 For compensation for One year. The date of the an illegal, irreglar distress. or excessive distress. 80 For compensation for One year. The date of the wrongful seizure of seizure. movable property under legal process. 81 By executors, adminis- One year. The date of the death trators or representa- of the person wronged. tives under the Legal Representatives' Suits Act, 1855. (12 of 1855.) ---------------------------------------------------------------------- 602 ------------------------------------------------------------------- Description of suit Period of limitation Time from which period begins to run ------------------------------------------------------------------- 82 By executors, adminis- Two years. The date of the death trators or representa- of the person killed. tives under the Indian Fatal Accidents Act, 1855. (13 of 1855.) 83 Under the Legal Repre- Two years. When the wrong comp- sentatives' Suits Act, lained of is done. 1855 (12 of 1855.) against an executor, an administrator or any other representative. 84 Against one who, having Two years. When the perversion a right to use property first becomes known for specific purposes, to the person injured perverts it to other thereby. purposes. 85 For compensation for Three years. The date of the obs- obstructing a way or a truction. water-course. 86 For compensation for Three years. The date of the diver- diverting a watercourse. sion. 87 For compensation for Three years. The date of the tres- trespass upon immovable pass. property. 88 For compensation for Three years. The date of the infrin- infringing copyright gement. or any other exclusive privilege. 89 To restrain waste. Three years. When the waste begins. 90 For compensation for Three years. When the injunction injury caused by an ceases. injunction wrongfully obtained. 91 For compensation,- (a) for wrongfully Three years. When the person having taking or detain- the right to the pos- ing any specific session of the prope- movable property rty first learns in lost, or acquired whose possession it by theft, or dis- it is. honest mis-appro- priation or con- version ; (b) for wrongfully Three years. When the property is taking or injuring wrongfully taken or or wrongfully detain- injured, or when the ing any other detainer's possession specific movable becomes unlawful. property. PART VIII.-SUITS RELATING TO TRUSTS AND TRUST PROPERTY 92 To recover possession Twelve years. When the transfer of immovable property becomes known to the conveyed or bequeathed plaintiff. in trust and afterwards transferred by the trustee for a valuable consideration. ---------------------------------------------------------------------- 603 ---------------------------------------------------------------------- Description of suit Period of limitation Time from which period begins to run ---------------------------------------------------------------------- 93 To recover possession Three years. When the transfer of movable property become known to the conveyed or bequeathed plaintiff. in trust and after wards transferred by the trustee for a valuable considera- tion. 94 To set aside a trans- Twelve years. When the transfer fer of immovable becomes known to property comprised the plaintiff. in a Hindu, Muslim or Buddhist religi- ous or charitable endowment, made by a manager thereof for a valuable considera- tion. 95 To set aside a transfer Three years. When the transfer of movable property becomes known to comprised in a Hindu the plaintiff. Muslim or Buddhist religious or charit- able endowment, made by a manager thereof for a valuable consi- deration. 96 By the manager of a Twelve years. The date of death, Hindu, Muslim or resignation or rem- Budhist religious or oval of the transf- charitable endowment eror or the date of to recover possession appointment of the of movable or immova- plaintiff as mana- ble property comprised ger of the endowment in the endowment which whichever is later. has been transferred by a previous manager for a valuable consid- eration. PART IX.-SUITS RELATING TO MISCELLANCEOUS MATTERS 97 To enforce a right or One year. When the purchaser pre-emption whether the takes under the right is founded on sale sought to be law or general usage impeached, physical or on special contract. 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 regist- ered. 98 By a person against One year. The date of the whom 1*[an order re- final order. ferred 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 cla- ims to the property co- mprised in the order. --------------------------------------------------------------------- 1 Subs. by Act 52 of 1964, s. 3 and Sch. II, for "an order under rule 63 or rule 103". 604 --------------------------------------------------------------------- Description of suit Period of limitation Time from which period begins to run --------------------------------------------------------------------- 99 To set aside a sale by One year. When the sale is a civil or revenue court confirmed or would or a sale for arrears of otherwise have be- Government revenue of come final and conc- for any demand recove- lusive had no such rable as such arrears. suit been brought. 100 To alter or set aside One year. The date of the any decision or other final decision or of a civil court in any oder by the court or proceeding other than a the date of the act suit or any act or or order of the offecer, order of an officer of as the case may be. Government in his official capacity. 101 Upon a judgment inclu- Three years. The date of the ding a foreign judgment, judgment or reco- or a recognisance. gnisance. 102 For property which the Three years. When the plaintiff plaintiff has conveyed is restored to san- while insane. ity and has knowledge of the conveyance. 103 To make good out of Three years. The date of the the general estate of trustee's death or a deceased trustee the if the loss has not loss occasioned by a then resulted, the breach of trust. date of the loss. 104 To establish a perio- Three years. When the plaintiff dically recurring right. is first refused the enjoyment of the right. 105 By a Hindu for arrears Three years. When the arrears are of maintenance. payable. 106 For a legacy of for a Twelve years. When the legacy or share of a residue be- share becomes paya- queathed by a testator ble or deliverable. or for a distributive share of the property of an intestate against an executor or an admi- nistrator or some other person legally charged with the duty of distr- ibuting the estate. 107 For possession of a Twelve years. When the defendant hereditary office. takes possession of the officer adverse- ly to the plaintiff. Explanation.-A heredi- tary office is possessed when the properties the- reof are usually received, or (if there are no pro- perties) when the duties thereof are usually per- formed. ---------------------------------------------------------------------- 605 -------------------------------------------------------------------- Description of suit Period of limitation Time from which period begins to run -------------------------------------------------------------------- 108 Suit during the life of Twelve years. The date of the a Hindu or Muslim female alienation. by a Hindu or Muslim who, if the female died at the date of institu- ting the suit, would be entitled to the posses- sion of land, to have an alienation of such land make by the female dec- lared to be void except for her life or until her re-marriage. 109 By a Hindu governed by Twelve years. When the alienee Mitakshara law to set takes possession aside his father's ali- of the property. enation of ancestral property. 110 By a person excluded Twelve years. When the exclusion from a joint family becomes known to the property to enforce a plaintiff. right to share therein. 111 By or on behalf of any Thirty years. The date of the local authority for dispossession or possession of any pub- discontinuance. lic street or road or any part thereof from which it has been dis- possessed or of which it has discontinued the possession. 112 Any suit (except a suit Thirty years. When the period of before the Supreme Court limitation would in the exercise of its begin to run under original jurisdiction) this Act against a by or on behalf of the like suit by a pri- Central Government or vate person. any State Government, including the Government of the State of Jammu and Kashmir. PART X.-SUITS FOR WHICH THERE IS NO PRESCRIBED PERIOD 113 Any suit for which no Three years. When the right to period of limitation sue accrues. is provided elsewhere in this Schedule. ---------------------------------------------------------------------- SECOND DIVISION-APPEALS ---------------------------------------------------------------------- Description of appeal Period of limitation Time from which period begins to run ---------------------------------------------------------------------- 114 Appeal from an order of acquittal,- (a) under sub-section Ninety days. The date of order (1) or sub-section appealed from. (2) of section 417 of the Code of Cri- minal Procedure, 1898 (5 of 1898.); ---------------------------------------------------------------------- 606 --------------------------------------------------------------------- Description of appeal Period of Time from which period limitation begins to run --------------------------------------------------------------------- (b) under sub-section Thirty days. The date of the (3) of section 417 grant of special of that Code. leave. 115 Under the Code of Crim- inal Procedure, 1898 (5 of 1898)- (a) from a sentence of Thirty days. The date of the death passed by a sentence. court of session or by a High Court in the exercise of its original criminal jurisdiction; (b) from any other sen- tence 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 (5 of 1908),- (a) to a High Court from Ninety days. The date of the any decree or order; decree or order. (b) to any other Court Thirty days. The date of the from any decree or decree or order. order. 117 From a decree or order Thirty days. The date of the of any High Court to decree or order. the same Court. ---------------------------------------------------------------------- THIRD DIVISION-APPLICATIONS ---------------------------------------------------------------------- Description of application Period of limitation Time from which period begins to run ---------------------------------------------------------------------- PART I.-APPLICATIONS IN SPECIFIED CASES 118 For leave to appear Ten days. When the summons and defend a suit is served. under summary proc- edure. 119 Under the Arbitration Act, 1940, (10 of 1940.),- (a) for the filing in Thirty days. The date of service court of an award; of the notice of the making of the award. (b) for setting aside Thirty days. The date of service an award or getting of the notice of the an award remitted filing of the award. for reconsideration. ---------------------------------------------------------------------- 607 --------------------------------------------------------------------- Description of application Period of Time from which period limitation begins to run --------------------------------------------------------------------- 120 Under the Code of Civil Ninety days. The date of death Procedure, 1908 (5 of of the plaintiff, 1908.), to have the appellant, defendant legal representative or respondent as the of a deceased plaintiff case may be. or appellant or of a deceased defendant or respondent, made a party. 121 Under the same Code for Sixty days. The date of abate- an order to set aside an ment. abatement. 122 To restore a suit or Thirty days. The date of dismi- appeal or application ssal. 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. 123 To set aside a decree Thirty days. The date of the passed ex parte or to decree or where the rehear an appeal dec- summons or notice reed or heard ex parte. was not duly served, when the applicant had knowledge of the decree. Explanation.- For the purpose of this art- icle, substituted ser- vice under rule 20 of Order V of the Code of Civil Procedure, 1908 (5 of 1908) shall not be deemed to be due service. 124 For a review of judgment Thirty days. The date of the by a court other than decree or order. the Supreme Court. 125 To record an adjustment Thirty days. When the payment or satisfaction of a or adjustment is decree. made. 126 For the payment of the Thirty days. The date of the amount of a decree by decree. instalments. 127 To set aside a sale in 1*[Sixty days.] The date of the. execution of a decree, sale. including any such ap- plication by a judgme- nt-debtor. 128 For possession by one Thirty days. The date of the dispossessed of immo- dispossession. vable property and disputing the right of the decreeholder or purchaser at a sale in execution of a decree. ---------------------------------------------------------------------- 1 Subs. by Act 104 of 1976, s. 98, for "Thirty days" (w.e.f. 1-2- 1977). 608 --------------------------------------------------------------------- Description of application Period of Time from which period limitation begins to run -------------------------------------------------------------------- 129 For possession after Thirty days. The date of resis- removing resistance or tance of obstruc- obstruction to delivery tion. of possession of immov- able property decreed or sold in execution of a decree. 130 For leave to appeal as a pauper- (a) to the 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 Ninety days. The date of the exercise of its powers decree or order or of revision under the sentence sought to Code of Civil Proced- be revised. ure, 1908 (5 of 1908.) or the Code of Criminal Procedure, 1898 (5 of 1898.). 132 To the High Court for Sixty days. The date of the a certificate of fit- decree, order or ness to appeal to the sentence. 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. 133 To the Supreme Court for special leave to appeal,- (a) in a case involving Sixty days. The date of the death sentence; judgment, final order or sentence. (b) in a case where Sixty days. The date of the leave to appeal was order of refusal. refused by the High Court; (c) in any other case. Ninety days. The date of the judgment or order. 134 For delivery of posse- One year. When the sale bec- ssion by a purchaser of omes absolute. immovable property at a sale in execution of a decree. 135 For the enforcement of Three years. The date of the a decree granting a decree or where a mandatory injunction. date is fixed for performance, such date. ---------------------------------------------------------------------- 609 -------------------------------------------------------------------- Description of application Period of Time from which period limitation begins to run ------------------------------------------------------------------- 136 For the execution of Twelve years. 1*[When] the decree any decree (other than or order becomes a decre granting a ma- enforceable or where ndatory injunction) or the decree or any order of any civil court. subsequent order directs any payment of money or the de- livery of any pro- perty to be made at a certain date or at recurring per- iods, when default in making the pay- ment or delivery in respect of which execution is sought, takes place: Provided that an app- lication for the enforcement or exe- cution of a decree granting a perpetual injunction shall not be subject to any period of limita- tion. PART II.-OTHER APPLICATIONS 137 Any other application Three years. When the right to for which no period of apply accrues. limitation is provided elsewhere in this Divi- sion. ---------------------------------------------------------------------- 1 Subs. by Act 52 of 1964, s. 3 and Sch. II, for "Where".
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