-
Law Firm with a difference.
TRUSTMAN is an organisation of
professional based at Delhi, India of high caliber and qualified
professionals to provide multi disciplinary services at one place to all
businesses/ individuals and firm is capable of addressing and resolving
several business and legal issues.
THE LIMITATION ACT, 1963
ACT NO. 36 OF 1963*
[5th October, 1963.]
An Act to consolidate and amend the law for the limitation of suits
and other proceedings and for purposes connected therewith.
[5th October, 1963.]
BE it enacted by Parliament in the Fourteenth Year of the
Republic of India as follows:-
PART
PRELIMINARY
PART I
PRELIMINARY
1.
Short title, extent and commencement.
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 date 1* as the Central
Government may, by notification in the Official Gazette, appoint.
2.
Definitions.
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;
---------------------------------------------------------------------
*This Act shall come into force in the State of Sikkim on
1-9-1984 Vide Notifn. No. S. O. 647(E), dt. 24.8.84 Gaz. of
India, Exty. Pt. II Sec. 3(ii) and amended in West Bengal by W.B.
Act 18 of 1977.
1 1st January, 1964; vide Notifn. No. S.O. 3118, dated 29-10-1963,
see Gazette of India, Pt. II, Sec. 3(ii), p. 3918.
580
(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.
581
PART
LIMITATION OF SUITS, APPEALS AND APPLICATIONS
PART II
LIMITATION OF SUITS, APPEALS AND APPLICATIONS
3.
Bar of Limitation.
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.
4. Expiry of prescribed period when court is closed. Where the
prescribed period for any suit, appeal or application expires on a day
when the court is closed, the suit, appeal or application may be
instituted, preferred or made on the day when the court re-opens.
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.
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 (5 of 1908), may be
admitted after the prescribed period if the appellant or
582
the applicant satisfies the court that he had sufficient cause for not
preferring the appeal or making the application within such period.
Explanation.-The fact that the appellant or the applicant was
misled by any order, practice or judgment of the High Court in
ascertaining or computing the prescribed period may be sufficient
cause within the meaning of this section.
6.
Legal disability.
6. Legal disability. (1) Where a person entitled to institute a
suit or make an application for the execution of a decree is, at the
time from which the prescribed period is to be reckoned, a minor or
insane, or an idiot, he may institute the suit or make the application
within the same period after the disability has ceased, as would
otherwise have been allowed from the time specified therefor in the
third column of the Schedule.
(2) Where such person is, at the time from which the prescribed
period is to be reckoned, affected by two such disabilities, or where,
before his disability has ceased, he is affected by another
disability, he may institute the suit or make the application within
the same period after both disabilities have ceased, as would
otherwise have been allowed from the time so specified.
(3) Where the disability continues up to the death of that
person, his legal representative may institute the suit or make the
application within the same period after the death, as would otherwise
have been allowed from the time so specified.
(4) Where the legal representative referred to in sub-section (3)
is, at the date of the death of the person whom he represents,
affected by any such disability, the rules contained in sub-sections
(1) and (2) shall apply.
(5) Where a person under disability dies after the disability
ceases but within the period allowed to him under this section, his
legal representative may institute the suit or make the application
within the same period after the death, as would otherwise have been
available to that person had he not died.
Explanation.-For the purposes of this section, 'minor' includes
a child in the womb.
7.
Disability of one of several persons.
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
583
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.
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.
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 a
creditor have been granted to his debtor, the running of the period of
limitation for a suit to recover the debt shall be suspended while the
administration continues.
10.
Suits against trustees and their representatives.
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 theAct
extends.
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
584
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
COMPUTATION OF PERIOD OF LIMITATION
PART III
COMPUTATION OF PERIOD OF LIMITATION
12.
Exclusion of time in legal proceedings.
12. Exclusion of time in legal proceedings. (1) In computing the
period of limitation for any suit, appeal or application, the day from
which such period is to be reckoned, shall be excluded.
(2) In computing the period of limitation for an appeal or an
application for leave to appeal or for revision or for review of a
judgment, the day on which the judgment complained of was pronounced
and the time requisite for obtaining a copy of the decree, sentence or
order appealed from or sought to be revised or reviewed shall be
excluded.
(3) Where a decree or order is appealed from for sought to be
revised or reviewed, or where an application is made for leave to
appeal from a decree or order, the time requisite for obtaining a copy
of the judgment on which the decree or order is founded 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 isapplied
for.
13. Exclusion of time in cases where leav 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
585
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 bonafide in court
withoutjurisdiction.
14. Exclusion of time of proceeding bonafide 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.
15. Exclusion of time in certain other cases. (1) In computing
the period of limitation for any suit or application for the execution
of a decree, the institution or execution of which has been stayed by
injunction or order, the time of the con-
586
tinuance 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.
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
587
an application against any person accrues on the death of such person,
the period of limitation shall be computed from the time when there is
a legal representative of the deceased against whom the plaintiff may
institute such suit or make such application.
(3) Nothing in sub-section (1) or sub-section (2) applies to
suits to enforce rights of pre-emption or to suits for the possession
of immovable property or of a hereditary office.
17.
Effect of fraud or mistake.
17. Effect of fraud or mistake. (1) Where, in the case of any
suit or application for which a period of limitation is prescribed by
this Act,-
(a) the suit or application is based upon the fraud of the
defendant or respondent or his agent; or
(b) the knowledge of the right or title on which a suit or
application is founded is concealed by the fraud of any
such person as aforesaid; or
(c) the suit or application is for relief from the
consequences of a mistake; or
(d) where any document necessary to establish the right of
the plaintiff or applicant has been fraudulently
concealed from him;
the period of limitation shall not begin to run until the plaintiff or
applicant has discovered the fraud or the mistake or could, with
reasonable diligence, have discovered it; or in the case of a
concealed document, until the plaintiff or the applicant first had the
means of producing the concealed document or compelling its
production:
Provided that nothing in this section shall enable any suit to be
instituted or application to be made to recover or enforce any charge
against, or set aside any transaction affecting, any property which--
(i) in the case of fraud, has been purchased for valuable
consideration by a person who was not a party to the
fraud and did not at the time of the purchase know, or
have reason to believe, that any fraud had been
committed, or
(ii) in the case of mistake, has been purchased for valuable
consideration subsequently to the transaction in which
the mistake was made, by a person who did not know, or
have reason to believe, that the mistake had been made,
or
(iii) in the case of a concealed document, has been
purchased for valuable consideration by a person who
was not a party
588
to the concealment and, did not at the time of purchase
know, or have reason to believe, that the document had
been concealed.
(2) Where a judgment-debtor has, by fraud or force, prevented the
execution of a decree or order within the period of limitation, the
court may, on the application of the judgment-creditor made after the
expiry of the said period extend the period for execution of the
decree or order:
Provided that such application is made within one year from the
date of the discovery of the fraud or the cessation of force, as the
case may be.
18.
Effect of acknowledgment in writing.
18. Effect of acknowledgment in writing. (1) Where, before the
expiration of the prescribed period for a suit or application in
respect of any property or right, an acknowledgment of liability in
respect of such property or right has been made in writing signed by
the party against whom such property or right is claimed, or by any
person through whom he derives his title or liability, a fresh period
of limitation shall be computed from the time when the acknowledgment
was so signed.
(2) Where the writing containing the acknowledgment is undated,
oral evidence may be given of the time when it was signed; but subject
to the provisions of the Indian Evidence Act, 1872 (1 of 1872), oral
evidence of its contents shall not be received.
Explanation.-For the purposes of this section,-
(a) an acknowledgment may be sufficient though it omits to
specify the exact nature of the property or right, or
avers that the time for payment, delivery, performance
or enjoyment has not yet come or is accompanied by 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.
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 authori-
589
sed in this behalf, a fresh period of limitation shall be computed
from the time when the payment was made:
Provided that, save in the case of payment of interest made
before the 1st day of January, 1928, an acknowledgment of the payment
appears in the handwriting of, or in a writing signed by, the person
making the payment.
Explanation.-For the purposes of this section,-
(a) where mortgaged land is in the possession of the
mortgagee, the receipt of the rent or produce of such
land shall be deemed to be a payment;
(b) "debt" does not include money payable under a decree or
order of a court.
20.
Effect of acknowledgment or payment by another person.
20. Effect of acknowledgment or payment by another person. (1)
The expression "agent duly authorised in this behalf" in sections 18
and 19 shall, in the case of a person under disability, include his
lawful guardian, committee or manager or an agent duly authorised by
such guardian, committee or manager to sign the acknowledgment or make
the payment.
(2) Nothing in the said sections renders one of several joint
contractors, partners, executors or mortgagees chargeable by reason
only of a written acknowledgment signed by, or of a payment made by,
or by the agent of, any other or others of them.
(3) For the purposes of the said sections,-
(a) an acknowledgment signed or a payment made in respect of
any liability by, or by the duly authorised agent of,
any limited owner of property who is governed by Hindu
law, shall be a valid acknowledgment or payment, as the
case may be, against a reversioner succeeding to such
liability; and
(b) where a liability has been incurred by, or on behalf of
a Hindu undivided family as such, an acknowledgment or
payment made by, or by the duly authorised agent of,
the manager of the family for the time being shall be
deemed to have been made on behalf of the whole family.
21.
Effect of substituting or adding new plaintiff or defendant.
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:
590
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.
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.
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.
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
ACQUISITION OF OWNERSHIP BY POSSESSION
PART IV
ACQUISITION OF OWNERSHIP BY POSSESSION
25.
Acquisition of easements by prescription.
25. Acquisition of easements by prescription. (1) Where the
access and use of light or air to and for any building have been
peaceably enjoyed therewith as an easement, and as of right, without
interruption, and for twenty years, and where any way or watercourse
or the use of any water or any other easement (whether affirmative or
negative) has been peaceably and openly enjoyed by any person claiming
title thereto as an easement and as of right without interruption and
for twenty years, the right to such access and use of light or air,
way, watercourse, use of water, or other easement shall be absolute
and indefeasible.
(2) Each of the said periods of twenty years shall be taken to be
a period ending within two years next before the institution of the
suit wherein the claim to which such period relates is contested.
(3) Where the property over which a right is claimed under sub-
section (1) belongs to the Government that sub-section shall be
591
read as if for the words "twenty years" the words "thirty years" were
substituted.
Explanation.-Nothing is an interruption within the meaning of
this section, unless where there is an actual discontinuance of the
possession or enjoyment by reason of an obstruction by the act of some
person other than the claimant, and unless such obstruction is
submitted to or acquiesced in for one year after the claimant has
notice thereof and of the person making or authorising the same to be
made.
26.
Exclusion in favour of reversioner of servient tenement.
26. Exclusion in favour of reversioner of servient tenement.
Where any land or water upon, over or from, which any easement has
been enjoyed or derived has been held under or by virtue of any
interest for life or in terms of years exceeding three years from the
granting thereof, the time of the enjoyment of such easement during
the continuance of such interest or term shall be excluded in the
computation of the period of twenty years in case the claim is, within
three years next after the determination of such interest or term,
resisted by the person entitled on such determination to the said land
or water.
27.
Extinguishment of right to property.
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
MISCELLANEOUS
PART V
MISCELLANEOUS
28.
Amendment of certain Acts. [Repealed.]
28. [Amendment of certain Acts.] Rep. by the Repealing and
Amending Act, 1974 (56 of 1974), s. 2 and Sch. I.
29.
Savings.
29. Savings. (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 section 3 shall apply as
if such period were the period prescribed by the Schedule and
592
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 which the prescribed period is shorterthan the
period prescribed by the Indian Limitation Act, 1908.
30. Provision for suits, etc., for which the prescribed period is
shorter than the period prescribed by the Indian Limitation Act, 1908.
Notwithstanding anything contained in this Act,-
(a) any suit for which the period of limitation is shorter
than the period of limitation prescribed by the Indian
Limitation Act, 1908 (9 of 1908), may be instituted
within a period of 1*[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:
2*[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 (9 of 1908) and the said period
of seven years together with so much of the period of
limitation in respect of such suit under the Indian
Limitation Act, 1908, as has already expired before the
commencement of this Act is shorter than the period
prescribed for such suit under this Act, then, the suit
may be instituted within the period of limitation
prescribed therefor under this Act;]
(b) any appeal or application for which the period of
limitation is shorter than the period of limitation
prescribed by the Indian Limitation Act, 1908 (9 of
1908), may be preferred or made
---------------------------------------------------------------------
1 Subs. by Act 10 of 1969, s. 2, for "five years"
(retrospectively).
2 Ins. by s. 2, ibid.
592A
within a period of ninety days next after the
commencement of this Act or within the period
prescribed for such appeal or application by the Indian
Limitation Act, 1908 (9 of 1908), whichever period
expires earlier.
31.
Provisions as to barred or pending suits, etc.
31. Provisions as to barred or pending suits, etc. Nothing in
this Act shall,-
(a) enable any suit, appeal or application to be instituted,
preferred or made, for which the period of limitation
prescribed by the Indian Limitation Act, 1908 (9 of
1908), expired before the commencement of this Act; or
(b) affect any suit, appeal or application instituted,
preferred or made before, and pending at, such
commencement.
32.
Repeal. [Repealed.]
32. [Repeal.] Rep. by the Repealing and Amending Act, 1974
(56 of 1974), s. 2 and Sch. I.
593
SCHE
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".
-
TRUSTMAN is an organisation of
professional based at Delhi, India of high caliber and qualified
professionals to provide multi disciplinary services at one place to all
businesses/ individuals and firm is capable of addressing and resolving
several business and legal issues. Law
Firm with a difference.