26 26 The Limitation Act 1963
26 26 The Limitation Act 1963
26 26 The Limitation Act 1963
PART I: PRELIMINARY
2. Definitions
3. Bar of limitation
6. Legal disability
8. Special exceptions
11. Suits on contracts entered into outside the territories to which the Act extends
23. Suits for compensation for acts not actionable without special damage
PART V: MISCELLANEOUS
30. Provision for suits, etc., for the prescribed period is shorter than the period
prescribed by the Indian Limitation Act, 1908
32. Repeal
Foot Notes
An Act to consolidate and amend the law for the limitation of suits and other proceedings
and for purposes connected therewith
PART I: PRELIMINARY
(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
(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;
(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;
(i) any person from or through whom a defendant derives his liability to be sued;
(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;
(h) "good faith"-nothing shall be deemed to be done in good faith which is not done
with due care and attention;
(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;
(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.
3. Bar of limitation
(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.
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.
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
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.
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-
(b) the parties were domiciled in that State or in the foreign country during the
period prescribed by such rule.
(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.
(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.
(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.
(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;
(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.
(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.
(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.
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.
(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-
(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.
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.
(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.
(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.
(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.
(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.
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.
All instruments shall for the purposes of this Act be deemed to be made with reference to
the Gregorian calendar.
(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.
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.
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
[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
(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
1. For the balance due on a Three years The close of the year in which
mutual, open and current the last item admitted or
account where there have proved is entered in the
been reciprocal demands account; such year to be
between the parties. computed as in the account.
5. For an account and a share Three years The date of the dissolution.
of the profits of dissolved
partnership
8. For the price of food or drink Three years When the food or drink is
sold by the keeper of a hotel, delivered
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 non- occurs.
delivery of or delay in
delivering goods.
11. Against a carrier for Three years When the goods ought to be
compensation for losing or delivered.
injuring goods.
12. For the hire of animals, Three years When the hire becomes
vehicles, boats or household payable.
furniture.
13. For the balance of money Three years When the goods ought to be
advance in payment of goods delivered.
to be delivered.
14. For the price of goods sold Three years The date of delivery of the
and delivered when no fixed goods.
period of credit is agreed
upon.
15. For the price of goods sold Three years When the period of credit
and delivered to be paid for expires.
after the expiry of a fixed
period of credit.
16. For the price of goods sold Three years When the period of the
and delivered to be paid for proposed bill elapses.
by a bill of exchange, no such
bill being given.
17. For the price of trees or Three years The date of the sale.
growing crops sold by the
plaintiff to the defendant
where not fixed period of
credit is agreed upon.
18. For the price of work done by Three years When the work is done.
the plaintiff for the defendant
at his request, where no time
has been fixed for payment.
19. For money payable for money Three years When the loan is made.
lent.
20. Like suit when the lender has Three years When the cheque is paid.
given a cheque for the
money.
21. For money lent under an Three years When the loan is made.
agreement that it shall be
payable on demand.
22. For money deposited under Three years When the demand is made.
an agreement that it shall be
payable on demanded,
including money of a
customer in the hands of his
banker so payable.
23. For money payable by the Three years When the money is paid.
defendant to he plaintiff for
money received by the
defendant, for the plaintiff's
use.
24. For money payable to the Three years When the money is received.
plaintiff for money paid for
the defendant.
25. For money payable for Three years When the interest becomes
interest upon money due due.
from the defendant to the
plaintiff.
26. For money payable to the Three years When the accounts are
plaintiff for money found to stated in writing signed by
be due from the fedendant to the defendant or his agent
the plaintiff on accounts duly Authorised in this
stated between them 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 Three years When the time specified
of a promise to do anything arrives or the contingency
at a specified time, or upon happens.
the happening of a specified
contingency.
28. On a single bond where a day Three years The day so specified.
is specified for payment
29. On a single bond, where no Three years The date of executing the
such day is specified. bond.
31. On a bill of exchange or Three years When the bill or note falls
promissory-note payable at a due.
fixed time after date.
32. On a bill of exchange payable Three years When the bill is presented.
at sight, or after sight but not
at a fixed time.
34. On a bill of exchange or Three years When the fixed time expires.
promissory-note payable at a
fixed time after sight or after
demand.
35. On a bill of exchange or Three years The date of the bill or note.
promissory note payable on
demand and not accompanied
by any writing restraining or
postponing the right to sue.
39. On a dishonored foreign bill Three years When the notice is given.
where protest have been
made and notice given.
40. By the payee against the Three years The date of refusal to accept.
drawer of a bill of exchange,
which has been dishonored by
non-acceptance.
42. By a surety against the Three years When the surety pays the
principal debtor. creditor.
43. By a survey against a crusty. Three years When the surety pays
anything in excess of his own
share.
44. On a policy of insurance when Three years The date of the death of the
the sum insured is payable deceased, or where the claim
(a) after proof of the death has on the policy is denied, either
been given to or received by partly or wholly, the date of
the insurers. such denial.
44. On a policy of insurance when Three years The date of the occurrence
(b) the sum insured is payable causing the loss, or where the
after proof of the loss has claim on the policy is denied
been given to or received by either partly or wholly, the
the insurers. date of such denial.
45. By the assured to recover Three years When the insurers elect to
preemie paid under a policy avoid the policy.
violable at the election of the
insurers.
46. Under the Indian Succession Three years The date of the payment or
Act,1925 (39 of 1925), distribution.
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.
47. For money paid upon on Three years The date of failure.
existing consideration which
afterwards fails.
48. For contribution by a party Three years The date of the payment in
who has paid the whole or excess of the plaintiff's own
more then his share of the share.
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 co-
sharers.
50. By the manager of joint estate Three years The date of the payment.
of an undivided family for
contribution, in respect of
payment made by him on
account of the estate.
51. For the profits of immovable Three years When the profits are received.
property belonging to the
plaintiff which have been
wrongfully received by the
defendant.
52. For arrears of rent. Three years When the arrears become due.
53. By a vendor of immovable Three years The time fixed for completing
property for personal payment the sale, or (where the title is
of up-paid purchase money. accepted after the time fixed
for completion) the date of the
acceptance.
54. For specific performance of a Three years The date of fixed for the
contract. performance, or, if no such
date is fixed, when the plaintiff
has notice that performance is
refused.
55. For compensation for the Three years When the contract is broken or
breach of any contract, (where there are successive
express or implied, not herein breaches) when the breach in
specially provided for. 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 Three years When the issue or registration
instrument issued or becomes known to the
registered. plaintiff.
57. To obtain a declaration that an Three years When the alleged adoption
alleged adoption is invalid, or becomes known to the
never, in fact, took place. plaintiff.
58. To obtain any other Three years When the right to sue first
declaration. accrues.
59. To cancel or set aside an Three When the facts entitling the
instrument or decree or for the years plaintiff to have the
rescission of a contract. instrument or decree
cancelled or set aside or the
contract rescinded first
becomes known to him.
(a) By the ward who has attained Three When the ward attains
majority; years majority.
When the ward dies before Three When the ward dies.
attaining majority years
61. By a mortgagor -
62. To enforce payment of money Twelve When the money sued for
secured by a mortgage or years becomes due.
otherwise charged upon
immovable property.
63. By a mortgage
68. For specific movable property Three years When the person having the
lost, or acquired by theft, or right to the possession of the
dishonest misappropriation or property first learns in whose
conversion. possession it is.
69. For other specific movable Three years When the property is
property. wrongfully taken.
70. To recover movable property Three years The date of refusal after
deposited or pawned from a demand.
depositary or pawnee.
71. To recover movable property Three years When the sale becomes
deposited or pawned, and known to the plaintiff.
afterwards brought from the
deposited or pawned, and
afterwards brought from the
depositary or pawnee for a
valuable consideration.
72. For compensation for One year When the act or omission takes place.
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.
73. For compensations for One year When the imprisonment ends.
false imprisonment.
74. For compensation for One year When the plaintiff is acquitted or the prosecution
malicious prosecution.
is otherwise terminated.
75. For compensation for libel. One year When the libel is published.
76. For compensation for One year When the words are spoken or if the words are
slander.
not actionable in themselves, when the special
77. For compensation for loss One year When the loss occurs.
of service occasioned by
the seduction 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 distress.
anillegal, irregular or
excessive distress.
80. For compensation for One year The date of the seizure.
wrongful seizure or
movable property under
legal process.
81. By executors, One year The date of the death of the person wronged.
administrators or
representatives under the
Legal Representatives
Suits Act,1855.
82. By executors, Two years The date of the death of the person killed.
administrators or
representatives under the
Indian Fatal Accidents
Act,1855.
83. Under the Legal Two years When the wrong complained of is done.
Representative Suits
Act,1855 against an
executor, and
administrator or any other
representative.
84. Against one who, having a Two years When the perversion first becomes known to the
right to use property for person injured thereby.
specific purposes, perverts
it to other purposes.
85. For compensation for Three years The date of the obstruction.
obstructing a way or a
water course.
86. For compensation for Three years The date of the diversion.
diverting a water course.
87. For compensation for Three years The date of the trespass.
trespass upon immovable
property.
88. For compensation for Three years The date of the infringement.
infringing copyright or any
other exclusive privilege.
90. For compensation for Three years When the injunction ceases.
injury caused by an
injunction wrongfully
obtained.
91. For compensation -
(a) for wrongfully taking or Three years When the person having the right to the
detaining any specific possession of the property first learns in whose
movable property lost, or possession it is.
acquired by theft, or
dishonest misappropriation
or conversion.
(b) for wrongfully taking or Three years When the property is wrongfully taken or injured,
injuring or wrongfully
detaining any other or when the detainee's possession becomes
specific movable property.
unlawful.
98. By a person against whom an One year The date of the final order.
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.
99. To set aside a sale by a civil One year When the sale is confirmed
or revenue court or a sale for or would otherwise have
arrears of Government become final and conclusive
revenue or for any demand had no such suit been
recoverable as such arrears. brought.
100. To alter or set aside any One year The date of the final decision
decision r order of a civil court or order by the court or the
any proceeding other than a date of the act or order of
suit of any act or order of an the officer, as the case may.
officer of Government in his
official capacity.
101. Upon a judgment including a Three years The date of the judgment or
foreign judgment, or a recognisance.
recognizance.
102. For property which the Three years When the plaintiff is restored
plaintiff has conveyed while to sanity and has knowledge
insane. of the conveyance.
103. To make good out of the Three years The date of the trustee's
general estate of a deceased death or if the loss has not
trustee the loss occasioned by then resulted, the date of the
a breach of trust. loss.
105. By a Hindu for arrears of Three years When the arrears are
maintenance. payable.
106. For a legacy or for a share of Twelve years When the legacy or share
a residue bequeathed by a becomes payable or
testator or for a distributive deliverable.
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.
107. For possession of a hereditary Twelve years When the defendant takes
office. possession of the office
adversely to the plaintiff.
Explanation - A hereditary
office is possessed when the
properties thereof are usually
received, or (if there are no
properties) when the duties
thereof are usually performed.
108. Suit during the life of a Hindu Twelve years The date of the alienation.
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 re-
marriage.
110. By a person excluded from a Twelve years When the exclusion becomes
joint-family property to known to the plaintiff.
enforce a right to share
therein.
111. By or on behalf of any local Thirty years The date of the dispossession
authority for possession of or discontinuance.
any public street or road or
any part thereof from which it
has been dispossessed or of
which it has discontinued the
possession.
112. Any suit (except a suit before Thirty years When the period of limitation
the Supreme Court in the would begin to run under this
exercise of its original Act against a like suit by a
jurisdiction) by or on behalf of private person.
the Central Government, or
any State Government
including the Government of
the State of Jammu and
Kashmir.
DIVISION - II
(a) under sub-section (1) or sub-section Ninety days The date of the
(2) of section 417 of the Code of Criminal order appealed
Procedure,1898; from.
(b) under sub-section (3) of Section 417 of Thirty days The date of the
the that Code. grant of Special
leave.
(a) From a sentence of death passed by a Thirty days The date of the
court of section or by a High Court in the sentence
exercise of its original Criminal
Jurisdiction.
(b) From any other sentence or any order
not being an order of acquittal -
(a) To a High Court from any decree or Ninety days The date of the
order; decree or order.
(b) To any other court from any decree or Thirty days The date of the
order. decree or order.
117. From a decree or order of any High Court Thirty days The date of the
to the same Court. decree or order.
DIVISION – III
APPLICATIONS
118. For leave to appear and defend a suit Ten days When the summons
under summary procedure. is served.
(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 Thirty days The date of the
an award remitted for reconsideration. service of the notice
of the filing of the
award.
120. Under the Code of Civil Procedure,1908, Ninety days The date of the
to have the legal representative of a death f the plaintiff,
deceased plaintiff or appellant or of a appellant,
deceased defendant or respondent, made defendant or
a party. respondent, as the
case may be;
121. Under the same Code for an order to set Sixty days The date of
aside an abatement. abatement.
123. To set aside a decree passed ex prate or Thirty days The date of the
to rehear an appeal decree or head ex decree or where the
prate. summons or notice
was not duly served
Explanation - For the purpose of this when the applicant
article, substituted service under rule 20 had knowledge of
of Order V of the Code of Civil Procedure, the decree.
1908 shall not be deemed to be due
service.
124. For a review of judgment by a court other Thirty days The date of the
than the Supreme Court. decree or order.
126. For the payment of the amount of a Thirty days The date of the
decree by installments. decree.
127. To set aside a sale in execution of a Thirty days The date o the sale.
decree, including any such application by
a judgment-debtor.
129. For possession after removing resistance Thirty days The date of
or obstruction of delivery of possession of resistance or
immovable property decreed or sold in obstruction.
execution f a decree.
131. To any court for the exercise of its Ninety days The date of the
powers of revision under the Code of Civil decree or order of
Procedure,1908, or the Code of Criminal sentence sought to
Procedure, 1898. be revised.
132. To the High Court for a certificate of Sixty days The date of the
fitness to appeal to the Supreme Court order or sentence.
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.
(b) In a case where leave to appeal was Sixty days The date of the
refused order of refusal.
134. For delivery of possession by a purchaser One year When the sale
of immovable property at a sale in becomes absolute.
execution of a decree.
135. For the enforcement of a decree granting Three years The date of the
a mandatory injunction. decree or where a
date is fixed for
performance, such
date.
136. For the execution of any decree (other Twelve years Where the decree or
than a decree granting a mandatory order becomes
injunction) or order of any civil court. 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 Three years When the right to
of limitation is provided elsewhere in this apply accrues
Division.