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HomeBare ActTHE LIMITATION ACT, 1963

THE LIMITATION ACT, 1963

ARRANGEMENT OF SECTIONS


PART I
PRELIMINARY
SECTIONS

  1. Short title, extent and commencement.
  2. Definitions.
    PART II
    LIMITATION OF SUITS, APPEALS AND APPLICATIONS
  3. Bar of limitation.
  4. Expiry of prescribed period when court is closed.
  5. Extension of prescribed period in certain cases.
  6. Legal disability.
  7. Disability of one of several persons.
  8. Special exceptions.
  9. Continuous running of time.
  10. Suits against trustees and their representatives.
  11. Suits on contracts entered into outside the territories to which the Act extends.
    PART III
    COMPUTATION OF PERIOD OF LIMITATION
  12. Exclusion of time in legal proceedings.
  13. 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.
  16. Effect of death on or before the accrual of the right to sue.
  17. Effect of fraud or mistake.
  18. Effect of acknowledgment in writing.
  19. Effect of payment on account of debt or of interest on legacy.
  20. Effect of acknowledgment or payment by another person.
  21. Effect of substituting or adding new plaintiff or defendant.
  22. Continuing breaches and torts.
  23. Suits for compensation for acts not actionable without special damage.
  24. Computation of time mentioned in instruments.
    PART IV
    ACQUISITION OF OWNERSHIP BY POSSESSION
  25. Acquisition of easements by prescription.
  26. Exclusion in favour of reversioner of servient tenement.
  27. Extinguishment of right to property.
    2
    PART V
    MISCELLANEOUS
    SECTIONS
  28. [Repealed.]
  29. Savings.
  30. Provision for suits, etc., for which the prescribed period is shorter than the period prescribed by
    the Indian Limitation Act, 1908.
  31. Provisions as to barred or pending suits, etc.
  32. [Repealed.]THE SCHEDULE.
    3
    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
  33. 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 date2
    as the Central Government may, by notification in the
    Official Gazette, appoint.
  34. 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;
  35. 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).
  36. 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).
    4
    (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
  37. 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.
  38. 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.
  39. 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 missed 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.
  40. 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.
    5
    (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.
  41. 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.
  42. Special exceptions.—Nothing in section 6 or in section 7 applies to suits to enforce rights of preemption, 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.
  43. 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.
  44. 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.
  45. 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—
    6
    (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
  46. 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.
  47. 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.
  48. 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;
  49. The words “on which the decree or order is founded” omitted by Act 46 of 1999, s. 33 (w.e.f. 1-7-2002).
    7
    (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.
  50. 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.
  51. 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.
  52. 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,
    8
    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.
  53. 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.
  54. 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,—
    9
    (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.
  55. 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.
  56. 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.
  57. 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.
  58. 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.
  59. 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
  60. 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.
    10
    (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.
  61. 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.
  62. 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
  63. [Amendment of certain Acts.]—Rep. by Repealing and Amending Act, 1974 (56 of 1974),s.
    2andtheFirst Schedule (w.e.f. 20-12-1974).
  64. 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.
  65. 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;]
  66. Subs. by Act 10 of 1969, s. 2, for “five years” (w.e.f. 26-3-1969).
  67. Ins. by s. 2, ibid. (w.e.f. 26-3-1969).
    11
    (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).]
  68. 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.
  69. [Repeal.]—Rep. by Repealing and Amending Act, 1974 (56 of 1974), s. 2 and the First Schedule
    (w.e.f. 20-12-1974).
    12
    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
  70. 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.
  71. 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.
  72. By a principal against his agent for
    movable property received by the
    latter and not accounted for.
    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.
  73. Other suits by principals against
    agents for neglect or misconduct.
    Three years. When the neglect or misconduct becomes
    known to the plaintiff.
  74. For an account and a share of the
    profits of a dissolved partnership.
    Three years. The date of the dissolution.
    PART II.—SUITS RELATING TO CONTRACTS
  75. For a seaman‟s wages Three years. The end of the voyage during which the
    wages are earned.
  76. For wages in the case of any other
    person.
    Three years. When the wages accrue due.
  77. For the price of food or drink sold
    by the keeper of a hotel, tavern
    or lodging-house.
    Three years. When the food or drink is delivered.
  78. For the price of lodging. Three years. When the price becomes payable.
  79. Against a carrier for compensation
    for losing or injuring goods.
    Three years. When the loss or injury occurs.
  80. Against a carrier for compensation
    for non-delivery of, or delay in
    delivering, goods.
    Three years. When the goods ought to be delivered.
  81. For the hire of animals, vehicles,
    boats or household furniture.
    Three years. When the hire becomes payable.
  82. For the balance of money advanced
    in payment of goods to be
    delivered.
    Three years. When the goods ought to be delivered.
  83. For the price of goods sold and
    delivered where no fixed period
    of credit is agreed upon.
    Three years. The date of the delivery of the goods.
  84. 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 period of credit expires.
    13
    Description of suit Period of limitation Time from which period begins to run
  85. For the price of goods sold and
    delivered to be paid for by a bill
    of exchange, no such bill being
    given.
    Three years. When the period of the proposed bill
    elapses.
  86. For the price of trees or growing
    crops sold by the plaintiff to the
    defendant where no fixed period
    of credit is agreed upon.
    Three years. The date of the sale.
  87. 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 work is done.
  88. For money payable for money lent. Three years. When the loan is made.
  89. Like suit when the lender has given
    a cheque for the money.
    Three years. When the cheque is paid.
  90. For money lent under an agreement
    that it shall be payable on
    demand.
    Three years. When the loan is made.
  91. 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.
    Three years. When the demand is made.
  92. For money payable to the plaintiff
    for money paid for the
    defendant.
    Three years. When the money is paid.
  93. For money payable by the
    defendant to the plaintiff for
    money received by the
    defendant, for the plaintiff’s use.
    Three years. When the money is received.
  94. For money payable for interest
    upon money due from the
    defendant to the plaintiff.
    Three years. When the interest becomes due.
  95. For money payable to the plaintiff
    for money found to be due from
    the defendant to the plaintiff on
    accounts stated between them.
    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.
  96. For compensation for breach of a
    promise to do anything at a
    specified time, or upon the
    happening of a specified
    contingency.
    Three years. When the time specified arrives or the
    contingency happens.
  97. On a single bond, where a day is
    specified for payment.
    Three years. The day so specified.
  98. On a single bond, where no such
    day is specified.
    Three years. The date of executing the bond.
  99. On a bond subject to a condition. Three years. When the condition is broken.
    14
    Description of suit Period of limitation Time from which period begins to run
  100. On a bill of exchange or promissory
    note payable at a fixed time after
    date.
    Three years. When the bill or note falls due.
  101. On a bill of exchange payable at
    sight, or after sight, but not at a
    fixed time.
    Three years. When the bill is presented.
  102. On a bill of exchange accepted
    payable at a particular place.
    Three years. When the bill is presented at that place.
  103. On a bill of exchange or promissory
    note payable at a fixed time after
    sight or after demand.
    Three years. When the fixed time expires.
  104. On a bill of exchange or promissory
    note payable on demand and not
    accompanied by any writing
    restraining or postponing the
    right to sue.
    Three years. The date of the bill or note.
  105. On a promissory note or bond
    payable by instalments.
    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.
  106. 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.
    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.
  107. On a promissory note given by the
    maker to a third person to be
    delivered to the payee after a
    certain event should happen.
    Three years. The date of the delivery to the payee.
  108. On a dishonoured foreign bill
    where protest has been made
    and notice given.
    Three years. When the notice is given.
  109. By the payee against the drawer of
    a bill of exchange, which has
    been dishonoured bynonacceptance.
    Three years. The date of the refusal to accept.
  110. By the acceptor of an
    accommodation-bill against the
    drawer.
    Three years. When the acceptor pays the amount of the
    bill.
  111. By a surety against the principal
    debtor.
    Three years. When the surety pays the creditor.
  112. By a surety against a co-surety. Three years. When the surety pays anything in excess
    of his own share.
  113. (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.
    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.
    (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 occurrence causing the
    loss, or where the claim on the policy
    is denied, either partly or wholly, the
    date of such denial.
    15
    Description of suit Period of limitation Time from which period begins to run
  114. By the assured to recover premia
    paid under a policy voidable at
    the election of the insurers.
    Three years. When the insurers elect to avoid the
    policy.
  115. 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.
    Three years. The date of the payment or distribution.
  116. For money paid upon an existing
    consideration which afterwards
    fails.
    Three years. The date of the failure.
  117. 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.
    Three years. The date of the payment in excess of the
    plaintiff‟s own share.
  118. By a co-trustee to enforce against
    the estate of a deceased trustee a
    claim for contribution.
    Three years. When the right to contribution accrues.
  119. 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.
    Three years. The date of the payment.
  120. For the profits of immovable
    property belonging to the
    plaintiff which have been
    wrongfully received by the
    defendant.
    Three years. When the profits are received.
  121. For arrears of rent. Three years. When the arrears become due.
  122. By a vendor of immovable property
    for personal payment of unpaid
    purchase-money.
    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.
  123. For specific performance of a
    contract.
    Three years. The date fixed for the performance, or, if
    no such date is fixed, when the
    plaintiff has notice that performance
    is refused.
  124. For compensation for the breach of
    any contract, express or implied
    not herein specially provided
    for.
    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.
    16
    Description of suit Period of limitation Time from which period begins to run
    PART III.—SUITS RELATING TO DECLARATIONS
  125. To declare the forgery of an
    instrument issued or registered.
    Three years. When the issue or registration becomes
    known to the plaintiff.
  126. To obtain a declaration that an
    alleged adoption is invalid, or
    never, in fact, took place.
    Three years. When the alleged adoption becomes
    known to the plaintiff.
  127. To obtain any other declaration. Three years. When the right to sue first accrues.
    PART IV.—SUITS RELATING TO DECREES AND INSTRUMENTS
  128. To cancel or set aside an instrument
    or decree or for the rescission of
    a contract.
    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.
  129. To set aside a transfer of property
    made by the guardian of a
    ward—
    (a) by the ward who has attained
    majority;
    Three years. When the ward attains majority.
    (b)by the ward‟s legal
    representative—
    (i) when the ward dies within
    three years from the date of
    attaining majority.
    Three years. When the ward attains majority.
    (ii) when the ward dies before
    attaining majority.
    Three years. When the ward dies.
    PART V.—SUITS RELATING TO IMMOVABLE PROPERTY
  130. By a mortgagor—
    (a)to redeem or recover
    possession of immovable
    property mortgaged;
    Thirty years. When the right to redeem or to recover
    possession accrues.
    (b)to recover possession of
    immovable property mortgaged
    and afterwards transferred by
    the mortgagee for a valuable
    consideration;
    Twelve years. When the transfer becomes known to the
    plaintiff.
    (c) to recover surplus collections
    received by the mortgagee after
    the mortgage has been
    satisfied.
    Three years. When the mortgagor re-enters on the
    mortgaged property.
  131. To enforce payment of money
    secured by a mortgage or
    otherwise charged upon
    immovable property.
    Twelve years. When the money sued for becomes due.
  132. By a mortgagee—
    (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.
    17
    Description of suit Period of limitation Time from which period begins to run
  133. 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.
    Twelve years. The date of dispossession.
  134. 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 judgmentdebtor 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.
    Twelve years. When the possession of the defendant
    becomes adverse to the plaintiff.
  135. For possession of immovable
    property when the plaintiff has
    become entitled to possession by
    reason of any forfeiture or breach
    of condition.
    Twelve years. When the forfeiture is incurred or the
    condition is broken.
  136. By a landlord to recover possession
    from a tenant.
    Twelve years. When the tenancy is determined.
    PART VI.—SUITS RELATING TO MOVABLE PROPERTY
  137. 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.
  138. For other specific movable property. Three years. When the property is wrongfully taken.
  139. To recover movable property
    deposited or pawned from a
    depositary or pawnee.
    Three years. The date of refusal after demand.
    18
    Description of suit Period of
    limitation
    Time from which period begins to run
  140. 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
  141. 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.
    One year. When the act or omission takes place.
  142. For compensation for false
    imprisonment.
    One year. When the imprisonment ends.
  143. For compensation for a malicious
    prosecution.
    One year. When the plaintiff is acquitted or the
    prosecution is otherwise terminated.
  144. For compensation for libel. One year. When the libel is published.
  145. 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.
  146. For compensation for loss of service
    occasioned by the seduction of
    the plaintiff‟s servant or
    daughter.
    One year. When the loss occurs.
  147. For compensation for inducing a
    person to break a contract with
    the plaintiff.
    One year. The date of the breach.
  148. For compensation for an illegal,
    irregular or excessive distress.
    One year. The date of the distress.
  149. For compensation for wrongful
    seizure of movable property
    under legal process.
    One year. The date of the seizure.
  150. By executors, administrators or
    representatives under the Legal
    Representatives‟ Suits Act, 1855
    (12 of 1855).
    One year. The date of the death of the person
    wronged.
  151. By executors, administrators or
    representatives under the Indian
    Fatal Accidents Act, 1855 (13 of
    1855).
    Two years. The date of the death of the person killed.
  152. Under the Legal Representatives‟
    Suits Act, 1855 (12 of 1855),
    against an executor, an
    administrator or any other
    representative.
    Two years. When the wrong complained of is done.
  153. Against one who, having a right to
    use property for specific
    purposes, perverts it to other
    purposes.
    Two years. When the perversion first becomes known
    to the person injured thereby.
    19
    Description of suit Period of limitation Time from which period begins to run
  154. For compensation for obstructing a
    way or a water-course.
    Three years. The date of the obstruction.
  155. For compensation for diverting a
    water-course.
    Three years. The date of the diversion.
  156. For compensation for trespass upon
    immovable property.
    Three years. The date of the trespass.
  157. For compensation for infringing
    copyright or any other exclusive
    privilege.
    Three years. The date of the infringement.
  158. To restrain waste. Three years. When the waste begins.
  159. For compensation for injury caused
    by an injunction wrongfully
    obtained.
    Three years. When the injunction ceases.
  160. For compensation,—
    (a)for wrongfully taking or detaining
    any specific movable
    property lost, oracquired 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.
    (b) for wrongfully taking or injuring
    or wrongfully detaining any other
    specific movable property.
    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
  161. To recover possession of immovable
    property conveyed or bequeathed
    in trust and afterwards transferred
    by the trustee for a valuable
    consideration.
    Twelve years. When the transfer becomes known to the
    plaintiff.
  162. To recover possession of movable
    property conveyed or bequeathed
    in trust and afterwards transferred
    by the trustee for a valuable
    consideration.
    Three years. When the transfer becomes known to the
    plaintiff.
  163. 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.
    Twelve years. When the transfer becomes known to the
    plaintiff.
  164. 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.
    Three years. When the transfer becomes known to the
    plaintiff.
  165. 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. 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.
    20
  166. 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).
    Description of suit Period of limitation Time from which period begins to run
    PART IX.—SUITS RELATING TO MISCELLANEOUS MATTERS
  167. To enforce a right of pre-emption
    whether the right is founded on
    law or general usage or on
    special contract.
    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.
  168. 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.
    One year. The date of the final order.
  169. 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.
    One year. When the sale is confirmed or would
    otherwise have become final and
    conclusive had no such suit been
    brought.
  170. 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.
    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.
  171. Upon a judgment, including a
    foreign judgment, or a
    recognisance.
    Three years. The date of the judgment or recognisance.
  172. For property which the plaintiff has
    conveyed while insane.
    Three years. When the plaintiff is restored to sanity
    and has knowledge of the conveyance.
  173. To make good out of the general
    estate of a deceased trustee the
    loss occasioned by a breach of
    trust.
    Three years. The date of the trustee’s death or if the
    loss has not then resulted, the date of
    the loss.
  174. To establish a periodically
    recurring right.
    Three years. When the plaintiff is first refused the
    enjoyment of the right.
  175. By a Hindu for arrears of
    maintenance.
    Three years. When the arrears are payable.
  176. 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.
    Twelve years. When the legacy or share becomes
    payable or deliverable.
    21
    Description of suit Period of limitation Time from which period begins to run
  177. 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.
    Twelve years. When the defendant takes possession of
    the office adversely to the plaintiff.
  178. 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 remarriage.
    Twelve years. The date of the alienation.
  179. By a Hindu governed by
    Mitakshara law to set aside his
    father‟s alienation of ancestral
    property.
    Twelve years. When the alienee takes possession of the
    property.
  180. By a person excluded from a joint
    family property to enforce a
    right to share therein.
    Twelve years. When the exclusion becomes known to
    the plaintiff.
  181. 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.
    Thirty years. The date of the dispossession or
    discontinuance.
  182. 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.
    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
  183. Any suit for which no period of
    limitation is provided elsewhere
    in this Schedule.
    Three years. When the right to sue accrues.
    SECOND DIVISION—APPEALS
  184. Appeal from an order of
    acquittal,—
    (a)under sub-section (1) or subsection (2) of section 417 of
    the Code of Criminal
    Procedure, 1898 (5 of 1898);
    Ninety days. The date of the order appealed from.
    (b)under sub-section (3) of
    section 417 of that Code.
    Thirty days. The date of the grant of special leave.
    22
    Description of suit Period of limitation Time from which period begins to run
  185. 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;
    Thirty days. The date of the sentence.
    (b) from any other sentence or
    any order not being an order
    of acquittal—
    (i) to the High Court Sixty days. The date of the sentence or order.
    (ii) to any other court Thirty days. The date of the sentence or order.
  186. Under the Code of Civil Procedure,
    1908 (5 of 1908)—
    (a) to a High Court from any
    decree or order.
    Ninety days. The date of the decree or order.
    (b) to any other court from any
    decree or order.
    Thirty days. The date of the decree or order.
  187. From a decree or order of any High
    Court to the same Court.
    Thirty days. The date of the decree or order.
    THIRD DIVISION—APPLICATIONS
    PART I.—APPLICATIONS IN SPECIFIED CASES
  188. For leave to appear and defend a
    suit under summary
    procedure.
    Ten days. When the summons is served.
  189. Under the Arbitration Act, 1940
    (10 of 1940),—
    (a) for the filing in court of an
    award;
    Thirty days. The date of service of the notice of the
    making of the award;
    (b) for setting aside an award
    or getting an award remitted
    for reconsideration.
    Thirty days. The date of service of the notice of the
    filing of the award.
  190. 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.
    Ninety days. The date of death of the plaintiff,
    appellant, defendant or respondent, as
    the case may be.
  191. Under the same Code for an order
    to set aside an abatement.
    Sixty days. The date of abatement.
  192. 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.
    Thirty days. The date of dismissal.
    23
  193. Subs. by Act 104 of 1976, s. 98, for “Thirty days” (w.e.f. 9-9-1976).
    Description of suit Period of limitation Time from which period begins to run
  194. 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.
    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.
  195. For a review of judgment by a
    court other than the Supreme
    Court.
    Thirty days. The date of the decree or order.
  196. To record an adjustment or
    satisfaction of a decree.
    Thirty days. When the payment or adjustment is made.
  197. For the payment of the amount of
    a decree by instalments.
    Thirty days. The date of the decree.
  198. To set aside a sale in execution of
    a decree, including any such
    application by a judgmentdebtor.
    1
    [Sixty days]. The date of the sale.
  199. 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.
    Thirty days. The date of the dispossession.
  200. For possession after removing
    resistance or obstruction to
    delivery of possession of
    immovable property decreed
    or sold in execution of a
    decree.
    Thirty days. The date of resistance or obstruction.
  201. For leave to appeal as a pauper—
    (a) to the High Court; Sixty days. The date of decree appealed from.
    (b) to any other court. Thirty days. The date of decree appealed from.
  202. 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).
    Ninety days. The date of the decree or order or
    sentence sought to be revised.
  203. 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.
    Sixty days. The date of the decree, order or sentence.
    24
  204. Subs. by Act 53 of 1964, s. 3 and the Second Schedule, for “Where” (w.e.f. 12-12-1964.)
    Description of suit Period of limitation Time from which period begins to run
  205. To the Supreme Court for special
    leave to appeal,—
    (a) in a case involving death
    sentence;
    Sixty days. The date of the judgment final order or
    sentence.
    (b) in a case where leave to
    appeal was refused by the
    High Court;
    Sixty days. The date of the order of refusal.
    (c) in any other case. Ninety days. The date of the judgment or order.
  206. For delivery of possession by a
    purchaser of immovable
    property at a sale in execution
    of a decree.
    One year. When the sale becomes absolute.
  207. For the enforcement of a decree
    granting a mandatory
    injunction.
    Three years. The date of the decree or where a date is
    fixed for performance, such date.
  208. For the execution of any decree
    (other than a decree granting a
    mandatory injunction) or
    order of any civil court.
    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 II—OTHER APPLICATION
  209. Any other application for which
    no period of limitation is
    provided elsewhere in this
    Division.
    Three years. When the right to apply accrues.

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