Bare Act

THE LIMITATION ACT, 1963 

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ARRANGEMENT OF SECTIONS 

Last Updated: 22-07-2021 

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PART I 

PRELIMINARY 

SECTIONS 

  1. Short title, extent and commencement.
  2. Definitions.

PART II 

LIMITATION OF SUITS, APPEALS AND APPLICATIONS 

  1. Bar of limitation.
  2. Expiry of prescribed period when court is closed.
  3. Extension of prescribed period in certain cases.
  4. Legal disability.
  5. Disability of one of several persons.
  6. Special exceptions.
  7. Continuous running of time.
  8. Suits against trustees and their representatives.
  9. Suits on contracts entered into outside the territories to which the Act extends. PART III

COMPUTATION OF PERIOD OF LIMITATION 

  1. Exclusion of time in legal proceedings.
  2. Exclusion of time in cases where leave to sue or appeal as a pauper is applied for. 14. Exclusion of time of proceeding bona fide in court without jurisdiction. 15. Exclusion of time in certain other cases.
  3. Effect of death on or before the accrual of the right to sue.
  4. Effect of fraud or mistake.
  5. Effect of acknowledgment in writing.
  6. Effect of payment on account of debt or of interest on legacy.
  7. Effect of acknowledgment or payment by another person.
  8. Effect of substituting or adding new plaintiff or defendant.
  9. Continuing breaches and torts.
  10. Suits for compensation for acts not actionable without special damage. 24. Computation of time mentioned in instruments.

PART IV 

ACQUISITION OF OWNERSHIP BY POSSESSION 

  1. Acquisition of easements by prescription.
  2. Exclusion in favour of reversioner of servient tenement.
  3. Extinguishment of right to property.

PART V 

MISCELLANEOUS 

SECTIONS 

  1. [Repealed.]
  2. Savings.
  3. Provision for suits, etc., for which the prescribed period is shorter than the period prescribed by the Indian Limitation Act, 1908.
  4. Provisions as to barred or pending suits, etc.
  5. [Repealed.]

THE SCHEDULE.

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. 

BE it enacted by Parliament in the Fourteenth Year of the Republic of India as follows: PART I 

PRELIMINARY 

  1. Short title, extent and commencement.(1) This Act may be called the Limitation Act, 1963. (2) It extends to the whole of India 1***.

(3) It shall come into force on such date2as the Central Government may, by notification in the  Official Gazette, appoint. 

  1. 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. The words “except the State of Jammu and Kashmir” omitted by Act 34 of 2019, s. 95 and the Fifth Schedule (w.e.f. 31- 10- 2019). 
  2. 1st January, 1964, vide notification No. S.O. 3118, dated 29th October, 1963, see Gazette of India, Part II, sec. 3 (ii).  Amended in West Bengal by W.B. Act 18 of 1977. 

1st September, 1984, vide notification No. S.O. 647(C), in respect of the State of Sikkim dated 24th August, 1984, see Gazette of India, Part II, sec. 3(ii).

(j) “period of limitation” means the period of limitation prescribed for any suit, appeal or  application by the Schedule, and “prescribed period” means the period of limitation computed in  accordance with the provisions of this Act; 

(k) “promissory note” means any instrument whereby the maker engages absolutely to pay a  specified sum of money to another at a time therein limited, or on demand, or at sight; 

(l) “suit” does not include an appeal or an application; 

(m) “tort” means a civil wrong which is not exclusively the breach of a contract or the breach of a  trust; 

(n) “trustee” does not include a benamidar, a mortgagee remaining in possession after the  mortgage has been satisfied or a person in wrongful possession without title. 

PART II 

LIMITATION OF SUITS, APPEALS AND APPLICATIONS 

  1. 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. 

  1. 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. 

  1. 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. 

  1. 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  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. 

Explanation.For the purposes of this section, ‘minor’ includes a child in the womb. 

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

Explanation I.This section applies to a discharge from every kind of liability, including a liability  in respect of any immovable property. 

Explanation II.For the purposes of this section, the Manager of a Hindu undivided family governed  by the Mitakshara law shall be deemed to be capable of giving a discharge without the concurrence of the  other members of the family only if he is in management of the joint family property. 

  1. 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. 
  2. 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. 

  1. 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. 

  1. 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 

(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 

  1. 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  the judgment 1*** 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. 

  1. Exclusion of time in cases where leave to sue or appeal as a pauper is applied for.In  computing the period of limitation prescribed for any suit or appeal in any case where an application for  leave to sue or appeal as a pauper has been made and rejected, the time during which the applicant has  been prosecuting in good faith his application for such leave shall be excluded, and the court may, on  payment of the court fees prescribed for such suit or appeal, treat the suit or appeal as having the same  force and effect as if the court fees had been paid in the first instance. 
  2. Exclusion of time of proceeding bona fide in court without jurisdiction.(1) In computing the  period of limitation for any suit the time during which the plaintiff has been prosecuting with due  diligence another civil proceeding, whether in a court of first instance or of appeal or revision, against the  defendant shall be excluded, where the proceeding relates to the same matter in issue and is prosecuted in  good faith in a court which, from defect of jurisdiction or other cause of a like nature, is unable to  entertain it. 

(2) In computing the period of limitation for any application, the time during which the applicant has  been prosecuting with due diligence another civil proceeding, whether in a court of first instance or of  appeal or revision, against the same party for the same relief shall be excluded, where such proceeding is  prosecuted in good faith in a court which, from defect of jurisdiction or other cause of a like nature, is  unable to entertain it. 

(3) Notwithstanding anything contained in rule 2 of Order XXIII of the Code of Civil Procedure,  1908 (5 of 1908), the provisions of sub-section (1) shall apply in relation to a fresh suit instituted on  permission granted by the court under rule 1 of that Order, where such permission is granted on the  ground that the first suit must fail by reason of a defect in the jurisdiction of the court or other cause of a  like nature. 

Explanation.For the purposes of this section,— 

(a) in excluding the time during which a former civil proceeding was pending, the day on which  that proceeding was instituted and the day on which it ended shall both be counted; 

  

  1. The words “on which the decree or order is founded” omitted by Act 46 of 1999, s. 33 (w.e.f. 1-7-2002).

(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. 

  1. 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. 

  1. 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. 

  1. 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 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. 

  1. 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. 

  1. 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  of such land shall be deemed to be a payment; 

(b) “debt” does not include money payable under a decree or order of a court. 

  1. 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. 

  1. 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. 

  1. 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. 
  2. 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. 
  3. Computation of time mentioned in instruments.All instruments shall for the purposes of this  Act be deemed to be made with reference to the Gregorian calendar. 

PART IV 

ACQUISITION OF OWNERSHIP BY POSSESSION 

  1. 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 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. 

  1. 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. 
  2. Extinguishment of right to property.At the determination of the period hereby limited to any  person for instituting a suit for possession of any property, his right to such property shall be  extinguished. 

PART V 

MISCELLANEOUS 

  1. [Amendment of certain Acts.]Rep. by Repealing and Amending Act, 1974 (56 of 1974),s. 2andtheFirst Schedule (w.e.f. 20-12-1974).
  2. 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. 

  1. 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 of1[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. Subs. by Act 10 of 1969, s. 2, for “five years” (w.e.f. 26-3-1969). 
  2. Ins. by s. 2, ibid. (w.e.f. 26-3-1969).

10 

(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. S.O. 1123(E) dated (18-3-2020) and Vide Union Territory of Ladakh Reorganisation  (Adaptation of Central Laws) Order, 2020, notification No. S.O. 3774(E), dated (23-10-2020).] 

  1. 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. 

  1. [Repeal.]Rep. by Repealing and Amending Act, 1974 (56 of 1974), s. 2 and the First Schedule (w.e.f. 20-12-1974).

11 

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, open and current account, where there have been reciprocal  demands between the parties. 

Three years. The close of the year in which the last  item admitted or proved is entered in  

the account; such year to be computed  

as in the account. 

  1. Against a factor for an account. Three years. When the account is, during the  continuance of the agency, demanded  

and refused or, where no such demand  

is made, when the agency terminates. 

  1. By a principal against his agent for  movable property received by the  latter and not accounted for. 
  2. Other suits by principals against  agents for neglect or misconduct. 
  3. For an account and a share of the profits of a dissolved partnership.

Three years. When the account is, during the  continuance of the agency, demanded  

and refused or, where no such demand  

is made, when the agency terminates. 

Three years. When the neglect or misconduct becomes known to the plaintiff. 

Three years. The date of the dissolution. 

PART II.SUITS RELATING TO CONTRACTS 

  1. For a seaman’s wages Three years. The end of the voyage during which the  wages are earned. 
  2. For wages in the case of any other  person. 
  3. For the price of food or drink sold  by the keeper of a hotel, tavern  or lodging-house. 

Three years. When the wages accrue due. Three years. When the food or drink is delivered. 

  1. For the price of lodging. Three years. When the price becomes payable. 
  2. Against a carrier for compensation  for losing or injuring goods. 
  3. Against a carrier for compensation  for non-delivery of, or delay in  delivering, goods. 
  4. For the hire of animals, vehicles,  boats or household furniture. 
  5. For the balance of money advanced  in payment of goods to be  delivered. 
  6. For the price of goods sold and  delivered where no fixed period  of credit is agreed upon. 
  7. For the price of goods sold and  delivered to be paid for after the  expiry of a fixed period of  credit. 

Three years. When the loss or injury occurs. Three years. When the goods ought to be delivered. 

Three years. When the hire becomes payable. Three years. When the goods ought to be delivered. 

Three years. The date of the delivery of the goods. Three years. When the period of credit expires.

12 

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

  1. For the price of goods sold and  delivered to be paid for by a bill  of exchange, no such bill being  given. 
  2. For the price of trees or growing  crops sold by the plaintiff to the  defendant where no fixed period  of credit is agreed upon. 
  3. For the price of work done by the  plaintiff for the defendant at his  request, where no time has been  fixed for payment. 

Three years. When the period of the proposed bill  elapses. 

Three years. The date of the sale. 

Three years. When the work is done. 

  1. For money payable for money lent. Three years. When the loan is made. 
  2. Like suit when the lender has given  a cheque for the money. 
  3. For money lent under an agreement  that it shall be payable on  demand. 
  4. For money deposited under an  agreement that it shall be  payable on demand, including  money of a customer in the  hands of his banker so payable. 
  5. For money payable to the plaintiff  for money paid for the  defendant. 
  6. For money payable by the  defendant to the plaintiff for  money received by the  defendant, for the plaintiff’s use. 
  7. For money payable for interest  upon money due from the  defendant to the plaintiff. 
  8. For money payable to the plaintiff  for money found to be due from  the defendant to the plaintiff on  accounts stated between them. 
  9. For compensation for breach of a  promise to do anything at a  specified time, or upon the  happening of a specified  contingency. 
  10. On a single bond, where a day is  specified for payment. 
  11. On a single bond, where no such  day is specified. 

Three years. When the cheque is paid. 

Three years. When the loan is made. 

Three years. When the demand is made. 

Three years. When the money is paid. 

Three years. When the money is received. 

Three years. When the interest becomes due. 

Three years. When the accounts are stated in writing  signed by the defendant or his agent  

duly authorised in this behalf, unless  

where the debt is, by a simultaneous  

agreement in writing signed as  

aforesaid, made payable at a future  

time, and then when that time arrives. 

Three years. When the time specified arrives or the  contingency happens. 

Three years. The day so specified. 

Three years. The date of executing the bond. 

  1. On a bond subject to a condition. Three years. When the condition is broken.

13 

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

  1. On a bill of exchange or promissory  note payable at a fixed time after  date. 
  2. On a bill of exchange payable at  sight, or after sight, but not at a  fixed time. 
  3. On a bill of exchange accepted  payable at a particular place. 
  4. On a bill of exchange or promissory  note payable at a fixed time after  sight or after demand. 
  5. On a bill of exchange or promissory  note payable on demand and not  accompanied by any writing  restraining or postponing the  right to sue. 
  6. On a promissory note or bond  payable by instalments. 
  7. On a promissory note or bond  payable by instalments, which  provides that, if default be made  in payment of one or more  instalments, the whole shall be  due. 
  8. On a promissory note given by the  maker to a third person to be  delivered to the payee after a  certain event should happen. 
  9. On a dishonoured foreign bill  where protest has been made  and notice given. 
  10. By the payee against the drawer of  a bill of exchange, which has  been dishonoured bynon acceptance. 
  11. By the acceptor of an  accommodation-bill against the  drawer. 
  12. By a surety against the principal  debtor. 

Three years. When the bill or note falls due. Three years. When the bill is presented. 

Three years. When the bill is presented at that place. Three years. When the fixed time expires. 

Three years. The date of the bill or note. 

Three years. The expiration of the first term of  payment as to the part then payable;  

and for the other parts, the expiration  

of the respective terms of payment. 

Three years. When the default is made, unless where  the payee or obligee waives the  

benefit of the provision and then  

when fresh default is made in respect  

of which there is no such waiver. 

Three years. The date of the delivery to the payee. 

Three years. When the notice is given. 

Three years. The date of the refusal to accept. 

Three years. When the acceptor pays the amount of the  bill. 

Three years. When the surety pays the creditor. 

  1. By a surety against a co-surety. Three years. When the surety pays anything in excess  of his own share. 
  2. (a) On a policy of insurance when  the sum insured is payable after  proof of the death has been  given to or received by the  insurers. 

(b) On a policy of insurance when  the sum insured is payable after  proof of the loss has been given  to or received by the insurers. 

Three years. The date of the death of the deceased, or  where the claim on the policy is  

denied, either partly or wholly, the  

date of such denial. 

Three years. The date of the occurrence causing the  loss, or where the claim on the policy  

is denied, either partly or wholly, the  

date of such denial.

14 

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

  1. By the assured to recover premia paid under a policy voidable at  the election of the insurers. 
  2. Under the Indian Succession Act,  1925 (39 of 1925), section 360 or section 361, to compel a  refund by a person to whom an  executor or administrator has  paid a legacy or distributed  assets. 
  3. For money paid upon an existing  consideration which afterwards  fails. 
  4. For contribution by a party who has  paid the whole or more than his  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. 
  5. By a co-trustee to enforce against  the estate of a deceased trustee a  claim for contribution. 
  6. By the manager of a joint estate of  an undivided family for  contribution, in respect of a  payment made by him on  account of the estate. 
  7. For the profits of immovable  property belonging to the  plaintiff which have been  wrongfully received by the  defendant. 

Three years. When the insurers elect to avoid the  policy. 

Three years. The date of the payment or distribution. 

Three years. The date of the failure. 

Three years. The date of the payment in excess of the  plaintiff’s own share. 

Three years. When the right to contribution accrues. Three years. The date of the payment. 

Three years. When the profits are received. 

  1. For arrears of rent. Three years. When the arrears become due. 
  2. By a vendor of immovable property  for personal payment of unpaid  purchase-money. 
  3. For specific performance of a  contract. 
  4. For compensation for the breach of  any contract, express or implied  not herein specially provided  for. 

Three years. The time fixed for completing the sale,  or (where the title is accepted after  

the time fixed for completion) the  

date of the acceptance. 

Three years. The date fixed for the performance, or, if  no such date is fixed, when the  

plaintiff has notice that performance  

is refused. 

Three years. When the contract is broken or (where  there are successive breaches) when  

the breach in respect of which the  

suit is instituted occurs or (where the  

breach is continuing) when it ceases.

15 

Description of suit Period of limitation Time from which period begins to run PART III.SUITS RELATING TO DECLARATIONS 

  1. To declare the forgery of an  instrument issued or registered. 
  2. To obtain a declaration that an  alleged adoption is invalid, or  never, in fact, took place. 

Three years. When the issue or registration becomes  known to the plaintiff. 

Three years. When the alleged adoption becomes  known to the plaintiff. 

  1. To obtain any other declaration. Three years. When the right to sue first accrues. PART IV.SUITS RELATING TO DECREES AND INSTRUMENTS
  2. To cancel or set aside an instrument  or decree or for the rescission of  a contract. 
  3. To set aside a transfer of property  made by the guardian of a  ward— 

(a) by the ward who has attained  majority; 

(b)by the ward’s legal  representative— 

(i) when the ward dies within  three years from the date of  

attaining majority. 

(ii) when the ward dies before  attaining majority. 

Three years. When the facts entitling the plaintiff to  have the instrument or decree  

cancelled or set aside or the contract  

rescinded first become known to him. 

Three years. When the ward attains majority. 

Three years. When the ward attains majority. Three years. When the ward dies. 

PART V.SUITS RELATING TO IMMOVABLE PROPERTY 

  1. By a mortgagor— 

(a)to redeem or recover  possession of immovable  property mortgaged; 

(b)to recover possession of  immovable property mortgaged  and afterwards transferred by  the mortgagee for a valuable  consideration; 

(c) to recover surplus collections  received by the mortgagee after  the mortgage has been  satisfied. 

  1. To enforce payment of money  secured by a mortgage or  otherwise charged upon  immovable property. 
  2. By a mortgagee— 

Thirty years. When the right to redeem or to recover  possession accrues. 

Twelve years. When the transfer becomes known to the  plaintiff. 

Three years. When the mortgagor re-enters on the  mortgaged property. 

Twelve years. When the money sued for becomes due. 

(a) for foreclosure; Thirty years. When the money secured by the mortgage  becomes due. 

(b) for possession of immovable  property mortgaged. 

Twelve years. When the mortgagee becomes entitled to  possession.

16 

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

  1. For possession of immovable  property based on previous  possession and not on title, when  the plaintiff while in possession  of the property has been  dispossessed. 
  2. For possession of immovable  property or any interest therein  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. 

  1. For possession of immovable  property when the plaintiff has  become entitled to possession by  reason of any forfeiture or breach  of condition. 
  2. By a landlord to recover possession  from a tenant. 

Twelve years. The date of dispossession. 

Twelve years. When the possession of the defendant  becomes adverse to the plaintiff. 

Twelve years. When the forfeiture is incurred or the  condition is broken. 

Twelve years. When the tenancy is determined. 

PART VI.SUITS RELATING TO MOVABLE PROPERTY 

  1. For specific movable property lost,  or acquired by theft, or dishonest  misappropriation or conversion. 

Three years. When the person having the right to the  possession of the property first learns  

in whose possession it is. 

  1. For other specific movable property. Three years. When the property is wrongfully taken. 
  2. To recover movable property  deposited or pawned from a  depositary or pawnee. 

Three years. The date of refusal after demand.

17 

Description of suit Period of  limitation 

Time from which period begins to run 

  1. To recover movable property  deposited or pawned, and  afterwards bought from the  depository or pawnee for a  valuable consideration. 

Three years. When the sale becomes known to the  plaintiff. 

PART VII.SUITS RELATING TO TORT 

  1. For compensation for doing or for  omitting to do an act alleged to  be in pursuance of any enactment  in force for the time being in the  territories to which this Act extends. 
  2. For compensation for false  imprisonment. 
  3. For compensation for a malicious  prosecution. 

One year. When the act or omission takes place. 

One year. When the imprisonment ends. 

One year. When the plaintiff is acquitted or the  prosecution is otherwise terminated. 

  1. For compensation for libel. One year. When the libel is published. 
  2. For compensation for slander. One year. When the words are spoken, or, if the  words are not actionable in  

themselves, when the special damage  

complained of results. 

  1. For compensation for loss of service  occasioned by the seduction of  the plaintiff’s servant or  daughter. 
  2. For compensation for inducing a  person to break a contract with  the plaintiff. 
  3. For compensation for an illegal,  irregular or excessive distress. 
  4. For compensation for wrongful  seizure of movable property  under legal process. 
  5. By executors, administrators or  representatives under the Legal  Representatives’ Suits Act, 1855  (12 of 1855). 
  6. By executors, administrators or  representatives under the Indian  Fatal Accidents Act, 1855 (13 of  1855). 
  7. Under the Legal Representatives’ Suits Act, 1855 (12 of 1855), against an executor, an  administrator or any other  representative. 
  8. Against one who, having a right to  use property for specific  purposes, perverts it to other  purposes. 

One year. When the loss occurs. 

One year. The date of the breach. 

One year. The date of the distress. 

One year. The date of the seizure. 

One year. The date of the death of the person  wronged. 

Two years. The date of the death of the person killed. Two years. When the wrong complained of is done. 

Two years. When the perversion first becomes known  to the person injured thereby.

18 

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

  1. For compensation for obstructing a  way or a water-course. 
  2. For compensation for diverting a  water-course. 
  3. For compensation for trespass upon  immovable property. 
  4. For compensation for infringing  copyright or any other exclusive  privilege. 

Three years. The date of the obstruction. Three years. The date of the diversion. Three years. The date of the trespass. Three years. The date of the infringement. 

  1. To restrain waste. Three years. When the waste begins. 
  2. For compensation for injury caused  by an injunction wrongfully  obtained. 
  3. For compensation,— 

(a)for wrongfully taking or detaining  any specific movable  property lost, oracquired by theft,  or dishonest misappropriation, or  conversion; 

(b) for wrongfully taking or injuring  or wrongfully detaining any other  specific movable property. 

Three years. When the injunction ceases. 

Three years. When the person having the right to the  possession of the property first learns  

in whose possession it is. 

Three years. When the property is wrongfully taken or  injured, or when the detainer’s  

possession becomes unlawful. 

PART VIII.SUITS RELATING TO TRUSTS AND TRUST PROPERTY 

  1. To recover possession of immovable  property conveyed or bequeathed  in trust and afterwards transferred  by the trustee for a valuable  consideration. 
  2. To recover possession of movable  property conveyed or bequeathed  in trust and afterwards transferred  by the trustee for a valuable  consideration. 
  3. To set aside a transfer of immovable  property comprised in a Hindu,  Muslim or Buddhist religious or  charitable endowment, made by a  manager thereof for a valuable  consideration. 
  4. To set aside a transfer of movable  property comprised in a Hindu,  Muslim or Buddhist religious or  charitable endowment, made by a  manager thereof for a valuable  consideration. 
  5. By the manager of Hindu, Muslim or  Buddhist religious or charitable  endowment to recover possession  of movable or immovable  properly comprised in the  endowment which has been  transferred by a previous  manager for a valuable  consideration.

Twelve years. When the transfer becomes known to the  plaintiff. 

Three years. When the transfer becomes known to the  plaintiff. 

Twelve years. When the transfer becomes known to the  plaintiff. 

Three years. When the transfer becomes known to the  plaintiff. 

Twelve years. The date of death, resignation or removal  of the transferor or the date of  

appointment of the plaintiff as  

manager of the endowment,  

whichever is later.

19 

Description of suit Period of limitation Time from which period begins to run PART IX.SUITS RELATING TO MISCELLANEOUS MATTERS 

  1. To enforce a right of pre-emption  whether the right is founded on  law or general usage or on  special contract. 
  2. By a person against whom 1[an  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. 
  3. To set aside a sale by a civil or  revenue court or a sale for  arrears of Government revenue  or for any demand recoverable  as such arrears. 
  4. To alter or set aside any decision  or order of a civil court in any  proceeding other than a suit or  any act or order of an officer of  Government in his official  capacity. 
  5. Upon a judgment, including a  foreign judgment, or a  recognisance. 
  6. For property which the plaintiff has  conveyed while insane. 
  7. To make good out of the general  estate of a deceased trustee the  loss occasioned by a breach of  trust. 
  8. To establish a periodically  recurring right. 
  9. By a Hindu for arrears of  maintenance. 
  10. For a legacy or for a share of a  residur bequeathed by a testator  or for a distributive share of the  property of an intestate against  an executor or an administrator  or some other person legally  charged with the duty of  distributing the estate. 

  

One year. When the purchaser take under the sale  sought to be impeached, physical  

possession of the whole or part of the  

property sold, or, where the subject  

matter of the sale does not admit of  

physical possession of the whole or part  

of the property, when the instrument of  

sale is registered. 

One year. The date of the final order. 

One year. When the sale is confirmed or would  otherwise have become final and  

conclusive had no such suit been  

brought. 

One year. The date of the final decision or order by the  court or the date of the act or order of  

the officer, as the case may be. 

Three years. The date of the judgment or recognisance. 

Three years. When the plaintiff is restored to sanity  and has knowledge of the conveyance. 

Three years. The date of the trustee’s death or if the  loss has not then resulted, the date of  

the loss. 

Three years. When the plaintiff is first refused the  enjoyment of the right. 

Three years. When the arrears are payable. 

Twelve years. When the legacy or share becomes  payable or deliverable.

  1. Subs. by Act 52 of 1964, s. 3 and the Second Schedule, for “an order under rule 63 or rule 103,” (w.e.f. 29-12-1964).  

20 

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

  1. For possession of a hereditary  office. 

Explanation.A hereditary office  is possessed when the properties  thereof are usually received, or  (if there are no properties) when  the duties thereof are usually  performed. 

  1. Suit during the life of a Hindu or  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. 
  2. By a Hindu governed by  Mitakshara law to set aside his  father’s alienation of ancestral  property. 
  3. By a person excluded from a joint  family property to enforce a  right to share therein. 
  4. By or on behalf of any local  authority for possession of any  public street or road or any part  thereof from which it has been  dispossessed or of which it has  discontinued the possession. 
  5. Any suit (except a suit before the  Supreme Court in the exercise of  its original jurisdiction) by or on  behalf of the Central  Government or any State  Government, including the  Government of the State of  Jammu and Kashmir. 

Twelve years. When the defendant takes possession of  the office adversely to the plaintiff. 

Twelve years. The date of the alienation. 

Twelve years. When the alienee takes possession of the  property. 

Twelve years. When the exclusion becomes known to  the plaintiff. 

Thirty years. The date of the dispossession or  discontinuance. 

Thirty years. When the period of limitation would  begin to run under this Act against a  

like suit by a private person. 

PART X.SUITS FOR WHICH THERE IS NO PRESCRIBED PERIOD 

  1. Any suit for which no period of  limitation is provided elsewhere  in this Schedule. 

Three years. When the right to sue accrues. 

SECOND DIVISIONAPPEALS 

  1. Appeal from an order of  

acquittal,— 

(a)under sub-section (1) or sub section (2) of section 417 of  the Code of Criminal  Procedure, 1898 (5 of 1898); 

(b)under sub-section (3) of  section 417 of that Code. 

Ninety days. The date of the order appealed from. Thirty days. The date of the grant of special leave.

21 

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

  1. Under the Code of Criminal  

Procedure, 1898 (5 of 1898)— 

(a) from a sentence of death  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— 

Thirty days. The date of the sentence. 

(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. 

  1. Under the Code of Civil Procedure,  

1908 (5 of 1908)— 

(a) to a High Court from any  decree or order. 

(b) to any other court from any  decree or order. 

  1. From a decree or order of any High  Court to the same Court. 

Ninety days. The date of the decree or order. Thirty days. The date of the decree or order. Thirty days. The date of the decree or order. 

THIRD DIVISIONAPPLICATIONS PART I.—APPLICATIONS IN SPECIFIED CASES 

  1. For leave to appear and defend a  suit under summary  procedure. 
  2. Under the Arbitration Act, 1940  (10 of 1940),— 

(a) for the filing in court of an  award; 

(b) for setting aside an award  or getting an award remitted  

for reconsideration. 

  1. Under the Code of Civil  Procedure, 1908 (5 of 1908), to have the legalrepresentative  of a deceased plaintiff or  appellant or of a deceased  defendant or respondent, made  a party. 
  2. Under the same Code for an order  to set aside an abatement. 
  3. To restore a suit or appeal or  application for review or  revision dismissed for default  of appearance or for want of  prosecution or for failure to  pay costs of service of process  or to furnish security for costs. 

Ten days. When the summons is served. 

Thirty days. The date of service of the notice of the  making of the award; 

Thirty days. The date of service of the notice of the  filing of the award. 

Ninety days. The date of death of the plaintiff,  appellant, defendant or respondent, as  

the case may be. 

Sixty days. The date of abatement. 

Thirty days. The date of dismissal.

22 

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

  1. To set aside a decree passed ex  parte or to rehear an appeal  decreed or heard ex parte

Explanation.—For the purpose of  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. 

  1. For a review of judgment by a  court other than the Supreme  Court. 
  2. To record an adjustment or  satisfaction of a decree. 
  3. For the payment of the amount of a decree by instalments. 
  4. To set aside a sale in execution of  a decree, including any such  application by a judgment debtor. 
  5. For possession by one  dispossessed of immovable  property and disputing the  right of the decree-holder or  purchaser at a sale in  execution of a decree. 
  6. For possession after removing  resistance or obstruction to  delivery of possession of  immovable property decreed  or sold in execution of a  decree. 
  7. For leave to appeal as a pauper— 

Thirty days. The date of the decree or where the  summons or notice was not duly  

served, when the applicant had  

knowledge of the decree. 

Thirty days. The date of the decree or order. 

Thirty days. When the payment or adjustment is made. Thirty days. The date of the decree. 

1[Sixty days]. The date of the sale. 

Thirty days. The date of the dispossession. Thirty days. The date of resistance or obstruction. 

(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. 

  1. To any court for the exercise of  its powers of revision under  the Code of Civil Procedure,  1908 (5 of 1908), or the Code  of Criminal Procedure, 1898  (5 of 1898). 
  2. To the High Court for a  certificate of fitness to appeal  to the Supreme Court under  clause (1) of article 132,  article 133 or sub-clause (c) of  clause (1) of article 134 of the  Constitution or under any  other law for the time being in  force. 

  

Ninety days. The date of the decree or order or  sentence sought to be revised. 

Sixty days. The date of the decree, order or sentence.

  1. Subs. by Act 104 of 1976, s. 98, for “Thirty days” (w.e.f. 9-9-1976).  

23 

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

  1. To the Supreme Court for special  

leave to appeal,— 

(a) in a case involving death  sentence; 

(b) in a case where leave to  appeal was refused by the  High Court; 

Sixty days. The date of the judgment final order or  sentence. 

Sixty days. The date of the order of refusal. 

(c) in any other case. Ninety days. The date of the judgment or order. 

  1. For delivery of possession by a  purchaser of immovable  property at a sale in execution  of a decree. 
  2. For the enforcement of a decree  granting a mandatory  injunction. 
  3. For the execution of any decree  (other than a decree granting a  mandatory injunction) or  order of any civil court. 

One year. When the sale becomes absolute. 

Three years. The date of the decree or where a date is  fixed for performance, such date. 

Twelve years.1[When] the decree or order becomes  enforceable or where the decree or any  

subsequent order directs any payment  

of money or the delivery of any  

property to be made at a certain date or  

at recurring 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. 

PART IIOTHER APPLICATION 

  1. Any other application for which  no period of limitation is  provided elsewhere in this  Division. 

  

Three years. When the right to apply accrues.

  1. Subs. by Act 53 of 1964, s. 3 and the Second Schedule, for “Where” (w.e.f. 12-12-1964.) 

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