The Limitation Act, 1963

THE LIMITATION ACT, 1963

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THE LIMITATION ACT, 1963 _________ ARRANGEMENT OF SECTIONS __________ PART I PRELIMINARY SECTIONS 1. Short title, extent and commencement. PART II LIMITATION OF SUITS, APPEALS AND APPLICATIONS 3. Expiry of prescribed period when court is closed. Extension of prescribed period in certain cases. PART III COMPUTATION OF PERIOD OF LIMITATION 12.

MISCELLANEOUS

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PART V MISCELLANEOUS SECTIONS 28. [Repealed.] 29. Provision for suits, etc., for which the prescribed period is shorter than the period prescribed by the Indian Limitation Act, 1908. Provisions as to barred or pending suits, etc.

THE LIMITATION ACT, 1963

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Section 1 — Short title, extent and commencement

Section 2 — Definitions

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. BE it enacted by Parliament in the Fourteenth Year of the Republic of India as follows:— PART I PRELIMINARY 1. Short title, extent and commencement.—(1) This Act may be called the Limitation Act, 1963. 1 (2) It extends to the whole of India ***. 2 (3) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint. Definitions.—In this Act, unless the context otherwise requires,— (a) “applicant” includes— (i) a petitioner; (ii) any person from or through whom an applicant derives his right to apply; (iii) any person whose estate is represented by the applicant as executor, administrator or other representative; (b) “application” includes a petition; (c) “bill of exchange” includes a hundi and a cheque; (d) “bond” includes any instrument whereby a person obliges himself to pay money to another, on condition that the obligation shall be void if a specified act is performed, or is not performed, as the case may be; (e) “defendant” includes— (i) any person from or through whom a defendant derives his liability to be sued; (ii) any person whose estate is represented by the defendant as executor, administrator or other representative; (f) “easement” includes a right not arising from contract, by which one person is entitled to remove and appropriate for his own profit any part of the soil belonging to another or anything growing in, or attached to, or subsisting upon, the land of another; (g) “foreign country” means any country other than India; (h) “good faith”—nothing shall be deemed to be done in good faith which is not done with due care and attention; (i) “plaintiff” includes— (i) any person from or through whom a plaintiff derives his right to sue; (ii) any person whose estate is represented by the plaintiff as executor, administrator or other representative; 1.

(j) “period of limitation” means the period of limitation prescribed for any suit, appeal or

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Section 3 — Bar of limitation

Section 4 — Expiry of prescribed period when court is closed

Section 5 — Extension of prescribed period in certain cases

Section 6 — Legal disability

(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. 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. 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. 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 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. 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 there for 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

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Section 7 — Disability of one of several persons

Section 8 — Special exceptions

Section 9 — Continuous running of time

Section 10 — Suits against trustees and their representatives

Section 11 — Suits on contracts entered into outside the territories to which the Act extends

(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 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. Disability of one of several persons.—Where one of several persons jointly entitled to institute a suit or make an application for the execution of a decree is under any such disability, and a discharge can be given without the concurrence of such person, time will run against them all; but, where no such discharge can be given, time will not run as against any of them until one of them becomes capable of giving such discharge without the concurrence of the others or until the disability has ceased. 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. 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. 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. 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 on in a foreign country unless—

(a) the rule has extinguished the contract; and

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Section 12 — Exclusion of time in legal proceedings

Section 13 — Exclusion of time in cases where leave to sue or appeal as a pauper is applied for

Section 14 — Exclusion of time of proceeding bona fide in court without jurisdiction

(a) the rule has extinguished the contract; and (b) the parties were domiciled in that State or in the foreign country during the period prescribed by such rule. PART III COMPUTATION OF PERIOD OF LIMITATION 12. Exclusion of time in legal proceedings.—(1) In computing the period of limitation for any suit, appeal or application, the day from which such period is to be reckoned, shall be excluded. (2) In computing the period of limitation for an appeal or an application for leave to appeal or for revision or for review of a judgment, the day on which the judgment complained of was pronounced and the time requisite for obtaining a copy of the decree, sentence or order appealed from or sought to be revised or reviewed shall be excluded. (3) Where a decree or order is appealed from or sought to be revised or reviewed, or where an application is made for leave to appeal from a decree or order, the time requisite for obtaining a copy of 1 the judgment *** 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. 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. Exclusion of time of proceeding bona fide in court without jurisdiction.—(1) In computing the period of limitation for any suit the time during which the plaintiff has been prosecuting with due diligence another civil proceeding, whether in a court of first instance or of appeal or revision, against the defendant shall be excluded, where the proceeding relates to the same matter in issue and is prosecuted in good faith in a court which, from defect of jurisdiction or other cause of a like nature, is unable to entertain it. (2) In computing the period of limitation for any application, the time during which the applicant has been prosecuting with due diligence another civil proceeding, whether in a court of first instance or of appeal or revision, against the same party for the same relief shall be excluded, where such proceeding is prosecuted in good faith in a court which, from defect of jurisdiction or other cause of a like nature, is unable to entertain it. (3) Notwithstanding anything contained in rule 2 of Order XXIII of the Code of Civil Procedure, 1908 (5 of 1908), the provisions of sub-section (1) shall apply in relation to a fresh suit instituted on permission granted by the court under rule 1 of that Order, where such permission is granted on the ground that the first suit must fail by reason of a defect in the jurisdiction of the court or other cause of a like nature.

(b) a plaintiff or an applicant resisting an appeal shall be deemed to be prosecuting a proceeding;

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Section 15 — Exclusion of time in certain other cases

Section 16 — Effect of death on or before the accrual of the right to sue

Section 17 — Effect of fraud or mistake

(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. Exclusion of time in certain other cases.—(1) In computing the period of limitation of any suit or application for the execution of a decree, the institution or execution of which has been stayed by injunction or order, the time of the continuance of the injunction or order, the day on which it was issued or made, and the day on which it was withdrawn, shall be excluded. (2) In computing the period of limitation for any suit of which notice has been given, or for which the previous consent or sanction of the Government or any other authority is required, in accordance with the requirements of any law for the time being in force, the period of such notice or, as the case may be, the time required for obtaining such consent or sanction shall be excluded. Explanation.—In excluding the time required for obtaining the consent or sanction of the Government or any other authority, the date on which the application was made for obtaining the consent or sanction and the date of receipt of the order of the Government or other authority shall both be counted. (3) In computing the period of limitation for any suit or application for execution of a decree by any receiver or interim receiver appointed in proceedings for the adjudication of a person as an insolvent or by any liquidator or provisional liquidator appointed in proceedings for the winding up of a company, the period beginning with the date of institution of such proceeding and ending with the expiry of three months from the date of appointment of such receiver or liquidator, as the case may be, shall be excluded. (4) In computing the period of limitation for a suit for possession by a purchaser at a sale in execution of a decree, the time during which a proceeding to set aside the sale has been prosecuted shall be excluded. (5) In computing the period of limitation for any suit the time during which the defendant has been absent from India and from the territories outside India under the administration of the Central Government, shall be excluded. Effect of death on or before the accrual of the right to sue.—(1) Where a person who would, if he were living, have a right to institute a suit or make an application dies before the right accrues, or where a right to institute a suit or make an application accrues only on the death of a person, the period of limitation shall be computed from the time when there is a legal representative of the deceased capable of instituting such suit or making such application. (2) Where a person against whom, if he were living, a right to institute a suit or make an application would have accrued dies before the right accrues, or where a right to institute a suit or make an application against any person accrues on the death of such person, the period of limitation shall be computed from the time when there is a legal representative of the deceased against whom the plaintiff may institute such suit or make such application. (3) Nothing in sub-section (1) or sub-section (2) applies to suits to enforce rights of pre-emption or to suits for the possession of immovable property or of a hereditary office. 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

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Section 18 — Effect of acknowledgment in writing

Section 19 — Effect of payment on account of debt or of interest on legacy

the period of limitation shall not begin to run until the plaintiff or applicant has discovered the fraud or the mistake or could, with reasonable diligence, have discovered it; or in the case of a concealed document, until the plaintiff or the applicant first had the means of producing the concealed document or compelling its production: Provided that nothing in this section shall enable any suit to be instituted or application to be made to recover or enforce any charge against, or set aside any transaction affecting, any property which— (i) in the case of fraud, has been purchased for valuable consideration by a person who was not a party to the fraud and did not at the time of the purchase know, or have reason to believe, that any fraud had been committed, or (ii) in the case of mistake, has been purchased for valuable consideration subsequently to the transaction in which the mistake was made, by a person who did not know, or have reason to believe, that the mistake had been made, or (iii) in the case of a concealed document, has been purchased for valuable consideration by a person who was not a party to the concealment and, did not at the time of purchase know, or have reason to believe, that the document had been concealed. (2) Where a judgment-debtor has, by fraud or force, prevented the execution of a decree or order within the period of limitation, the court may, on the application of the judgment-creditor made after the expiry of the said period extend the period for execution of the decree or order: Provided that such application is made within one year from the date of the discovery of the fraud or the cessation of force, as the case may be. 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. Effect of payment on account of debt or of interest on legacy.—Where payment on account of a debt or of interest on a legacy is made before the expiration of the prescribed period by the person liable to pay the debt or legacy or by his agent duly authorised in this behalf, a fresh period of limitation shall be computed from the time when the payment was made: Provided that, save in the case of payment of interest made before the 1st day of January, 1928, an acknowledgment of the payment appears in the handwriting of, or in a writing signed by, the person making the payment. Explanation.—For the purposes of this section,—

(a) where mortgaged land is in the possession of the mortgagee, the receipt of the rent or produce

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Section 20 — Effect of acknowledgment or payment by another person

Section 21 — Effect of substituting or adding new plaintiff or defendant

Section 22 — Continuing breaches and torts

Section 23 — Suits for compensation for acts not actionable without special damage

Section 24 — Computation of time mentioned in instruments

Section 25 — Acquisition of easements by prescription

(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. 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. Effect of substituting or adding new plaintiff or defendant.—(1) Where after the institution of a suit, a new plaintiff or defendant is substituted or added, the suit shall, as regards him, be deemed to have been instituted when he was so made a party: Provided that where the court is satisfied that the omission to include a new plaintiff or defendant was due to a mistake made in good faith it may direct that the suit as regards such plaintiff or defendant shall be deemed to have been instituted on any earlier date. (2) Nothing in sub-section (1) shall apply to a case where a party is added or substituted owing to assignment or devolution of any interest during the pendency of a suit or where a plaintiff is made a defendant or a defendant is made a plaintiff. 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. PART IV ACQUISITION OF OWNERSHIP BY POSSESSION 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

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Section 26 — Exclusion in favour of reversioner of serivent tenement

Section 27 — Extinguishment of right to property

Section 29 — Savings

Section 30 — Provision for suits, etc., for which the prescribed period is shorter than the period prescribed by the Indian Limitation Act, 1908

(3) Where the property over which a right is claimed under sub-section (1) belongs to the Government that sub-section shall be read as if for the words “twenty years” the words “thirty years” were substituted. Explanation.—Nothing is an interruption within the meaning of this section, unless where there is an actual discontinuance of the possession or enjoyment by reason of an obstruction by the act of some person other than the claimant, and unless such obstruction is submitted to or acquiesced in for one year after the claimant has notice thereof and of the person making or authorising the same to be made. Exclusion in favour of reversioner of serivent 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 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. 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. 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 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. 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 1 the Indian Limitation Act, 1908 (9 of 1908), may be instituted within a period of [seven years] next after the commencement of this Act or within the period prescribed for such suit by the Indian Limitation Act, 1908 (9 of 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 (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;] 1.

(b) any appeal or application for which the period of limitation is shorter than the period of

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Section 31 — Provisions as to barred or pending suits, etc

Section 32 — [Repeal

(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 within a period of ninety days next after the commencement of this Act or within the period prescribed for such appeal or application by the Indian Limitation Act, 1908, whichever period expires earlier. STATE AMENDMENT Jammu and Kashmir and Ladakh (UTs).— Insertion of Section 30A .— After section 30, insert the following section, namely: — “30A. Provision for suits, etc., for which the prescribed period is shorter than the period prescribed by the Limitation Act, samvat 1995.—Notwithstanding anything contained in this Act,— (a) Any suit for which the period of limitation is shorter than the period of limitation prescribed by the Limitation Act, Samvat 1995, may be instituted within a period of one year next after the commencement of the Jammu and Kashmir Reorganisation Act, 2019 or within the period prescribed for such suit by the Limitation Act, Samvat 1995, whichever period expires earlier: Provided that if in respect of any such suit, the said period of one year expires earlier than period of limitation prescribed therefor under the Limitation Act, Samvat 1995 (now repealed) and the said period of one year together with so much of the period of limitation in respect of such suit under the said Act, as has already expired before the commencement of the Jammu and Kashmir Reorganisation Act, 2019 is shorter than the period prescribed for such suit under the Limitation Act, 1963, then, the suit may be instituted within the period of limitation prescribed therefor under the Limitation Act, 1963; (b) Any appeal or application for which the period of limitation is shorter than the period of limitation prescribed by the Limitation Act, Samvat 1995, may be preferred or made within a period of ninety days next after the commencement of the Jammu and Kashmir Reorganisation Act, 2019 or within the period prescribed for such appeal or application by the Limitation Act, Samvat 1995, whichever period expires earlier.” [Vide the Jammu and Kashmir Reorganization (Adaptation of Central Laws) Order, 2020, vide notification No. 1123(E) dated (18-3-2020) and Vide Union Territory of Ladakh Reorganisation (Adaptation of Central Laws) Order, 2020, notification No. 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.]—Rep. by Repealing and Amending Act, 1974 (56 of 1974), s.

THE SCHEDULE

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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 on a mutual, Three years. The close of the year in which the last open and current account, where item admitted or proved is entered in there have been reciprocal the account; such year to be computed demands between the parties. as in the account. When the account is, during the continuance of the agency, demanded and refused or, where no such demand is made, when the agency terminates. By a principal against his agent for Three years. When the account is, during the movable property received by the continuance of the agency, demanded latter and not accounted for. and refused or, where no such demand is made, when the agency terminates.

Description of suit Period of limitation Time from which period begins to run

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Description of suit Period of limitation Time from which period begins to run 16. When the period of the proposed bill delivered to be paid for by a bill elapses. of exchange, no such bill being given. The date of the sale. crops sold by the plaintiff to the defendant where no fixed period of credit is agreed upon. When the work is done. plaintiff for the defendant at his request, where no time has been fixed for payment. Like suit when the lender has given Three years. When the accounts are stated in writing for money found to be due from signed by the defendant or his agent the defendant to the plaintiff on duly authorised in this behalf, unless accounts stated between them. where the debt is, by a simultaneous agreement in writing signed as aforesaid, made payable at a future time, and then when that time arrives.

Description of suit Period of limitation Time from which period begins to run

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Description of suit Period of limitation Time from which period begins to run 31. When the bill or note falls due. note payable at a fixed time after date. When the bill is presented. sight, or after sight, but not at a fixed time. When the fixed time expires. note payable at a fixed time after sight or after demand. When the default is made, unless where payable by instalments, which the payee or obligee waives the provides that, if default be made benefit of the provision and then in payment of one or more when fresh default is made in respect instalments, the whole shall be of which there is no such waiver. due. The date of the refusal to accept. a bill of exchange, which has been dishonoured bynon- acceptance.

Description of suit Period of limitation Time from which period begins to run

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Description of suit Period of limitation Time from which period begins to run 45. By the assured to recover premia Three years. The date of the failure. consideration which afterwards fails. When the profits are received. property belonging to the plaintiff which have been wrongfully received by the defendant. The time fixed for completing the sale, for personal payment of unpaid or (where the title is accepted after purchase-money. the time fixed for completion) the date of the acceptance. When the contract is broken or (where any contract, express or implied there are successive breaches) when not herein specially provided the breach in respect of which the for. suit is instituted occurs or (where the breach is continuing) when it ceases.

PART III.—SUITS RELATING TO DECLARATIONS

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Section 58 — To obtain any other declaration. Three years. When the right to sue first accrues. PART IV

Description of suit Period of limitation Time from which period begins to run PART III.—SUITS RELATING TO DECLARATIONS 56. To declare the forgery of an Three years. When the issue or registration becomes instrument issued or registered. known to the plaintiff. To obtain a declaration that an Three years. PART IV.—SUITS RELATING TO DECREES AND INSTRUMENTS 59. PART V.—SUITS RELATING TO IMMOVABLE PROPERTY 61.

Description of suit Period of limitation Time from which period begins to run

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Description of suit Period of limitation Time from which period begins to run 64. For possession of immovable Twelve years. The date of dispossession. property based on previous possession and not on title, when the plaintiff while in possession of the property has been dispossessed. For possession of immovable Twelve years. When the possession of the defendant property or any interest therein becomes adverse to the plaintiff. based on title. Explanation.—For the purposes of this article— (a)where the suit is by a remainderman, a reversioner (other than a landlord) or a devisee, the possession of the defendant shall be deemed to become adverse only when the estate of the remainderman, reversioner or devisee, as the case may be, falls into possession; (b) where the suit is by a Hindu or Muslim entitled to the possession of immovable property on the death of a Hindu or Muslim female, the possession of the defendant shall be deemed to become adverse only when the female dies; (c)where the suit is by a purchaser at a sale in execution of a decree when the judgment- debtor was out of possession at the date of the sale, the purchaser shall be deemed to be a representative of the judgment-debtor who was out of possession.

Description of suit Period of Time from which period begins to run

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Description of suit Period of Time from which period begins to run limitation 71. To recover movable property Three years. When the sale becomes known to the deposited or pawned, and plaintiff. afterwards bought from the depository or pawnee for a valuable consideration. PART VII.—SUITS RELATING TO TORT 72. For compensation for doing or for One year. When the act or omission takes place. 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.

Description of suit Period of limitation Time from which period begins to run

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Description of suit Period of limitation Time from which period begins to run 85. For compensation for obstructing a Three years. The date of the obstruction. way or a water-course. For compensation for diverting a Three years. The date of the diversion. water-course. The date of death, resignation or removal Buddhist religious or charitable of the transferor or the date of endowment to recover possession appointment of the plaintiff as of movable or immovable manager of the endowment, properly comprised in the whichever is later. endowment which has been transferred by a previous manager for a valuable consideration.

PART IX.—SUITS RELATING TO MISCELLANEOUS MATTERS

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Description of suit Period of limitation Time from which period begins to run PART IX.—SUITS RELATING TO MISCELLANEOUS MATTERS 97. To enforce a right of pre-emption One year. When the purchaser take under the sale whether the right is founded on sought to be impeached, physical law or general usage or on possession of the whole or part of the special contract. property sold, or, where the subject matter of the sale does not admit of physical possession of the whole or part of the property, when the instrument of sale is registered. By a person against whom [an One year. The date of the final order. order referred to in rule 63 or in rule 103] of Order XXI of the Code of Civil Procedure, 1908 (5 of 1908), or an order under section 28 of thePresidency Small Cause Courts Act, 1882 (15 of 1882), has been made, to establish the right which he claims to the property comprised in the order. To set aside a sale by a civil or One year.

Explanation.—A hereditary office

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Description of suit Period of limitation Time from which period begins to run 107. For possession of a hereditary Twelve years. When the defendant takes possession of office. 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. Suit during the life of a Hindu or Twelve years. 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.

Procedure, 1898 (5 of 1898)—

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Description of suit Period of limitation Time from which period begins to run 115. Under the Code of Criminal Procedure, 1898 (5 of 1898)— (a) from a sentence of death Thirty days. The date of the sentence. passed by a court of session or by a High Court in the exercise of its original criminal jurisdiction; (b) from any other sentence or any order not being an order of acquittal— (i) to the High Court Sixty days. Under the Code of Civil Procedure, 1908 (5 of 1908)— (a) to a High Court from any Ninety days. When the summons is served. suit under summary procedure. The date of death of the plaintiff, Procedure, 1908 (5 of 1908), appellant, defendant or respondent, as to have the legalrepresentative the case may be. of a deceased plaintiff or appellant or of a deceased defendant or respondent, made a party.

Description of suit Period of limitation Time from which period begins to run

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Description of suit Period of limitation Time from which period begins to run 123. To set aside a decree passed ex Thirty days. The date of the decree or where the parte or to rehear an appeal summons or notice was not duly decreed or heard ex parte. served, when the applicant had Explanation.—For the purpose of knowledge of the decree. this article, substituted service under rule 20 of Order V of the Code of Civil Procedure, 1908 (5 of 1908) shall not be deemed to be due service. For a review of judgment by a Thirty days. The date of the decree or order. court other than the Supreme Court. The date of the decree, order or sentence. certificate of fitness to appeal to the Supreme Court under clause (1) of article 132, article 133 or sub-clause (c) of clause (1) of article 134 of the Constitution or under any other law for the time being in force.

Description of suit Period of limitation Time from which period begins to run

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Description of suit Period of limitation Time from which period begins to run 133. To the Supreme Court for special leave to appeal,— (a) in a case involving death Sixty days. The date of the judgment final order or sentence; sentence. (b) in a case where leave to Sixty days. For the execution of any decree Twelve years. [When] the decree or order becomes (other than a decree granting a enforceable or where the decree or any mandatory injunction) or subsequent order directs any payment order of any civil court. of money or the delivery of any property to be made at a certain date or at recurring periods, when default in making the payment or delivery in respect of which execution is sought, takes place: Provided that an application for the enforcement or execution of a decree granting a perpetual injunction shall not be subject to any period of limitation. Any other application for which Three years. When the right to apply accrues. no period of limitation is provided elsewhere in this Division.