Vous êtes sur la page 1sur 34

THE LIMITATION ACT, 1963

(36 of 1963)
CONTENTS
[5
th
October 1963]
PAT I
PELIMINA!
1" Short t#t$e, e%te&t '&( co))e&ce)e&t" *
+" ,ef#&#t#o&-" .
PAT II
LIMITATION O/ S0TS, APPEALS AN, APPLICATIONS
3" 1'r of $#)#t't#o&" *
2" E%3#r4 of 3re-cr#be( 3er#o( 5he& co6rt #- c$o-e(" .
5" E%te&-#o& of 3re-cr#be( 3er#o( #& cert'#& c'-e-" .
6" Le7'$ (#-'b#$#t4" *
8" ,#-'b#$#t4 of o&e of -e9er'$ 3er-o&-" .
:" S3ec#'$ e%ce3t#o&-" .
9" Co&t#&6o6- r6&&#&7 of t#)e" .
1;" S6#t- '7'#&-t tr6-tee- '&( the#r re3re-e&t't#9e-" .
11" S6#t- o& co&tr'ct- e&tere( #&to o6t-#(e the terr#tor#e- to 5h#ch the Act e%te&(-"
PAT III
COMP0TATION O/ PEIO, O/ LIMITATION
1+" E%c$6-#o& of t#)e #& $e7'$ 3rocee(#&7-" *
13" E%c$6-#o& of t#)e #& c'-e- 5here $e'9e to -6e or '33e'$ '- ' 3'63er #- '33$#e(
for" .
12" E%c$6-#o& of t#)e of 3rocee(#&7 bo&' f#(e #& co6rt 5#tho6t <6r#-(#ct#o&" .
15" E%c$6-#o& of t#)e #& cert'#& other c'-e-" .
16" Effect of (e'th o& or before the 'ccr6'$ of the r#7ht to -6e" .
18" Effect of fr'6( or )#-t'=e" .
1:" Effect of 'c=&o5$e(7e)e&t #& 5r#t#&7" .
19" Effect of 3'4)e&t o& 'cco6&t of (ebt or of #&tere-t o& $e7'c4" .
+;" Effect of 'c=&o5$e(7e)e&t or 3'4)e&t b4 '&other 3er-o&" .
+1" Effect of -6b-t#t6t#&7 or '((#&7 &e5 3$'#&t#ff or (efe&('&t" .
++ Co&t#&6#&7 bre'che- '&( tort-" .
+3" S6#t- for co)3e&-'t#o& for 'ct- &ot 'ct#o&'b$e 5#tho6t -3ec#'$ (')'7e" .
+2" Co)36t't#o& of t#)e )e&t#o&e( #& #&-tr6)e&t-" .
PAT I>
AC?0ISITION O/ O@NESHIP 1! POSSESSION
+5" AcA6#-#t#o& of e'-e)e&t b4 3re-cr#3t#o&" .
+6" E%c$6-#o& #& f'9o6r- of re9er-#o&er of -er9#e&t te&e)e&t" .
+8" E%t#&76#-h)e&t- of r#7ht to 3ro3ert4" .
PAT >
MISCELLANEO0S
+:" A)e&()e&t of cert'#& Act-" .
+9" S'9#&7-" .
3;" Pro9#-#o& for -6#t-, etc", for 5h#ch the 3re-cr#be( 3er#o( #- -horter th'& the
3er#o( 3re-cr#be( b4 the I&(#'& L#)#t't#o& Act, 19;:" .
31" Pro9#-#o&- '- to b'rre( or 3e&(#&7 -6#t-, etc" .
3+" e3e'$" .
THE SCHE,0LE
PEIO,S O/ LIMITAION
[See Sect#o& + (B) '&( 3]
THE LIMITATION ACT, 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: -
PAT I
PELIMINA!
1" Short t#t$e, e%te&t '&( co))e&ce)e&t" *
!" #his Act may be called the $imitation Act% !&'(.
)" It e*tends to the whole of India e*cept the +tate of ,ammu and -ashmir.
(" It shall come into force on such
1
.date/ as the 0entral 1o2ernment may% by
notification in the 3fficial 1a4ette% appoint.
1" 1-t B'&6'r4 1962 9#(e Not#f#c't#o& No" S" O" 311:, ('te( +9th October,
1963"
+" ,ef#&#t#o&-" .
In this Act% unless the conte*t otherwise re5uires% -
a" 6Applicant7 includes-
i" A petitioner8
ii" Any person from or through whom an applicant deri2es his
right to apply8
iii" Any person whose estate is represented by the applicant as
e*ecutor% administrator or other representati2e8
b" 6Application7 includes a petition8
c" 6Bill of e*change7 includes a hundi and a che5ue8
d" 6Bond7 includes any instrument whereby a person obliges himself to
pay money to another% on condition that the obligation shall be 2oid
if a specified act is performed% or is not performed% as the case may
be8
e" 69efendant7 includes-
i" Any person from or through whom a defendant deri2es his
liability to be sued8
ii" Any person whose estate is represented by the defendant as
e*ecutor8 administrator or other representati2e-%

f" 6:asement7 includes a right not arising form contract% by which one
person is entitled to remo2e 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 another8
g" 6Foreign country7 means any country other than India8
h" 61ood faith7-nothing shall be deemed to be done in good faith%
which is not done with due care and attention8
i" 6Plaintiff includes. -
i" Any person from or through whom a plaintiff deri2es his
right to sue8
ii" Any person whose estate is represented by the plaintiff as
e*ecutor% administrator or other representati2e8
;" 6Period of limitation7 means the period of limitation prescribed for
any suit% appeal or application by the +chedule% and 6prescribed
period7 means the period of limitation computed in accordance with
the pro2isions of this Act8
<" 6Promissory note7 means any instrument whereby the ma<er
engages absolutely to pay a specified sum of money to another at a
time therein limited% or on demand% or at sight8
!" 6+uit= does not include an appeal or an application8
m" 6#ort7 means a ci2il wrong which is not e*clusi2ely the breach of a
contract= or the breach of a trust8
n" 6#rustee7 does not include a benamidar, a mortgagee remaining in
possession after the mortgage has been satisfied or a person in a
wrongful possession without title.
PAT II
LIMITATION O/ S0TS, APPEALS AN, APPLICATIONS
3" 1'r of $#)#t't#o&" *
!" +ub;ect to the pro2isions contained in +ections > to )> inclusi2e"% e2ery
suit instituted% appeal preferred% and application made -after the prescribed
period shall be dismissed although limitation has not been set up as a
defence.
)" For the purpose of this Act-
a" A suit is instituted-
i" In an ordinary case% when the plaint is presented to the
proper officer8
ii" In the case of a pauper% when his application for lea2e to sue
as a pauper is made8 and
iii" In the case of a claim against a company which is being
wound up by the court% when the claimant first sends in his
claim to the official li5uidator.
b" Any claim by way of a set off or a counter claim% shall be treated as
a separate suit and shall be deemed to ha2e been instituted-
i" In the case of a set off% on the same date as the suit in which
the set off is pleaded8
ii" In the case of a counter claim% on the date on which the
counter claims is made in court8
c" An application by notice of motion in a ?igh 0ourt is made when
the application is presented to the proper officer of that court.
2" E%3#r4 of 3re-cr#be( 3er#o( 5he& co6rt #- c$o-e(" .
@here the prescribed period for any suit% appeal or application e*pires 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 reopens.
Explanation. -A court shall be deemed to be closed on any day within the meaning
of this section if during any part of its normal wor<ing hours it remains closed on
that day.
5" E%te&-#o& of 3re-cr#be( 3er#o( #& cert'#& c'-e-" .
Any appeal or any application% other than an application under any of the
pro2isions of 3rder AAI of the 0ode of 0i2il Procedure% !&BC% 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 ma<ing the application
within such period.
Explanation. -#he fact that the appellant or the applicant was misled by any order%
practice -or ;udgment of the ?igh 0ourt in ascertaining or computing the prescribed
period may be sufficient cause within the meaning of this section.
6" Le7'$ (#-'b#$#t4" *
!" @here a person entitled to institute a suit or ma<e an application for the
e*ecution of a decree is% at the time from which the prescribed period is to
be rec<oned% a minor or insane% or an idiot% he may institute the suit or ma<e
the application within the same period after the disability has ceased% as
would otherwise ha2e been allowed from the time specified therefor in the
third column of the +chedule.
)" @here such person is% at the time from which the prescribed period is to be
rec<oned% affected by two such disabilities% or where% before his disability
has ceased% he is affected by another disability% he may institute the suit or
ma<e the application within the same period after both disabilities ha2e
ceased% as would otherwise ha2e been allowed from the time so specified.
(" @here the disability continues up to the death of that person% his legal
representati2e may institute the suit or ma<es the application within the
same period after the death% as would otherwise ha2e been allowed from
the time so specified.
>" @here the legal representati2e referred to in sub section (" is% at the date
of the death of the person whom he represents% affected by any such
disability% the rules contained in sub-sections !" and )" shall apply.
D" @here a person under disability dies after the disability ceases but within
the period allowed to him under this section% his legal representati2e may
institute the suit or ma<e the application within the same period after the
death% as would otherwise ha2e been a2ailable to that person had he not
died.
E%3$'&'t#o&" .For the purposes of this section% EminorF includes a child in
the womb.
8" ,#-'b#$#t4 of o&e of -e9er'$ 3er-o&-" .
@here on of se2eral persons ;ointly entitled to institute a suit or ma<e an
application for the e*ecution of a decree is under any such disability% and a
discharge can be gi2en without the concurrence of such person% time will run
against them all8 but% where no such discharge can be gi2en% time will not run as
against any of them until one of them becomes capable of gi2ing such discharge
without the concurrence of the others or until the disability has ceased.
E%3$'&'t#o& 1" .#his section applies to discharge from e2ery <ind of liability%
including a liability in respect of any immo2able property.
E%3$'&'t#o& II" .For the purposes of this section% the manager of a ?indu
undi2ided family go2erned by the Gita<shara law shall he deemed to be capable of
gi2ing a discharge without the concurrence of-the other members of the family only
if he is in management of the ;oint family property.
:" S3ec#'$ e%ce3t#o&-" .
Hothing in +ection ' or in +ection I applies to suits to enforce rights of pre-
emption% or shall be deemed to e*tend% for more than three years from the cessation
of the disability or the death of the person affected thereby% the period of limitation
for any suit or application.
9" Co&t#&6o6- r6&&#&7 of t#)e" .
@here once time has begun to run% no subse5uent disability or inability to institute
a suit or ma<e an application stops it:
Pro2ided that where letters of administration to the estate of a creditor ha2e been
granted to his debtor% the running of the period of limitation for a suit to reco2er the
debt shall be suspended while the administration continues.
1;" S6#t- '7'#&-t tr6-tee- '&( the#r re3re-e&t't#9e-" .
Hotwithstanding anything contained in the foregoing pro2isions of this Act% no suit
against a person in whom property has become 2ested in trust for any specific
purpose% or against his legal representati2es or assigns not being assigns for
2aluable 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.
E%3$'&'t#o&" -For the purposes of this section any property comprised in a ?indu%
Guslim or Buddhist religious or charitable endowment shall be deemed to be
property 2ested in trust for a specific purpose and the manager of the property shall
be deemed to be the trustee thereof.
11" S6#t- o& co&tr'ct- e&tere( #&to o6t-#(e the terr#tor#e- to 5h#ch the Act e%te&(-"
!" +uits instituted in the territories to which this Act e*tends on contracts
entered into in the state of ,ammu and -ashmir or in a foreign country shall
be sub;ect to the rules of limitation contained in this Act.
)" Ho rule of limitation in force in the state of ,ammu and -ashmir or in
foreign country shall be a defence to a suit instituted in the said territories
on a contract entered into in that +tate or in a foreign country unless-
a" #he rule has e*tinguished the contract8 and
b" #he parties were domiciled to that +tate or in the foreign country
during the period prescribed by such rule.
PAT III
COMP0TATION O/ PEIO, O/ LIMITATION
1+" E%c$6-#o& of t#)e #& $e7'$ 3rocee(#&7-" *
!" In computing the period of limitation for any suit% appeal or application% the
day from which such period is to be rec<oned% shall be e*cluded.
)" In computing the period of limitation for an appeal or an application for lea2e
to appeal or for re2ision or for re2iew of a ;udgment% the day on which the
;udgement complained of was pronounced and the time re5uisite for
obtaining a copy of the decree% sentence or order appealed from or sought to
be re2ised or re2iewed shall be e*cluded.
(. @here a decree or order is appealed from or sought to be re2ised or
re2iewed% or where an application is made for lea2e to appeal from a decree
or order% the time re5uisite for obtaining a copy of the ;udgement on which
the decree or order is founded shall also be e*cluded.
>" In computing the period of limitation for an application to set aside an
award% the time re5uisite for obtaining a copy of the award shall be
e*cluded.
E%3$'&'t#o&" .In computing under this section the time re5uisite for
obtaining a copy of a decree or an order% any time ta<en by the court to
prepare the decree or order before an application for a copy thereof is made
shall not be e*cluded.
13" E%c$6-#o& of t#)e #& c'-e- 5here $e'9e to -6e or '33e'$ '- ' 3'63er #- '33$#e(
for" .
In computing the period of limitation prescribed for any suit or appeal in any case
where an application for lea2e to sue or appeal as a pauper has been made and
re;ected% the time during which the applicant has been prosecuting in good faith his
application for such lea2e shall be e*cluded% and the court may% on payment of the
court fees prescribed for such suit or appeal% treat the suit or appeal as ha2ing the
same force and effect as if the court fees had been paid in first instance.
12" E%c$6-#o& of t#)e of 3rocee(#&7 bo&' f#(e #& co6rt 5#tho6t <6r#-(#ct#o&" .
!" In computing the period of limitation for any suit the time during which the
plaintiff has been prosecuting with due diligence another ci2il proceedings%
whether in a court of first instance or of appeal or re2ision% against the
defendant shall be e*cluded% where the proceeding relates to the same
matter in issue and is prosecuted in good faith in a court which% from defect
of ;urisdiction or other cause of a li<e nature% is unable to entertain it.
)" In computing the period of limitation for any application% the time during
which the applicant has been prosecuting with due diligence another ci2il
proceeding% whether in a court of first instance or of appeal or re2ision%
against the same party for the same relief shall be e*cluded% where such
proceeding is prosecuted in good faith in a court which% from defect of
;urisdiction or other cause of a li<e nature% is unable to entertain it.
(" Hotwithstanding anything contained in rule ) of 3rder AAIII of the 0ode of
0i2il Procedure% !&BC D of !&BC"% the pro2isions of subsection !" shall
apply in relation to a fresh suit instituted on permission granted by the court
under rule ! of that 3rder% where such permission is granted on the ground
that the first suit must fail by reason of a defect in the ;urisdiction of the
court or other cause of a li<e nature.
Explanation. -For the purposes of this section% -
a" In e*cluding the time during which a former ci2il proceeding was
pending% the day on which that proceeding was instituted and the
day on which it ended shall both be counted8
b" A plaintiff or an applicant resisting an appeal shall be deemed to be
prosecuting a proceeding8
c" Gis;oider of parties or of causes of action shall be deemed to be a
cause of a li<e nature with defect of ;urisdiction.
15" E%c$6-#o& of t#)e #& cert'#& other c'-e-" .
!" In computing the period of limitation of any suit or application for the
e*ecution of a decree% the institution or e*ecution of which has been stayed
by in;unction or order% the time of the continuance of the in;unction or
order% the day on which it was issued or made% and the day on which it was
withdrawn% shall be e*cluded.
)" In computing the period of limitation for any suit of which notice has been
gi2e or for which the pre2ious consent or sanction of the 1o2ernment or
any other authority is re5uired% in accordance with the re5uirements of any
law for the time being in force the period of such notice or% as the case may
be% the time re5uired for obtaining such consent or sanction shall be
e*cluded.
Explanation. -In e*cluding the time re5uired for obtaining the consent or
sanction of the 1o2ernment or any other authority% the date on which the
application was mad for obtaining the consent or sanction and the date of
receipt of the order of the 1o2ernment or other authority shall both be
counted.
(" In computing the period of limitation for any suit or application for
e*ecution o a decree by any recei2er or interim recei2er appointed in
proceedings for the ad;udication of a person as an insol2ent or by any
li5uidator or pro2isional li5uidator appointed in proceedings for the winding
up of a company% the period beginning with the date institution of such
proceeding and ending with the e*piry of three months from the day of
appointment of such recei2er or li5uidator% as the case may be% shall be
e*cluded.
(" In computing the period of limitation for a suit for possession by a purchaser a
sale in e*ecution of a decree% the time during which a proceeding to set
aside the sale has been prosecuted shall be e*cluded.
D" 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 0entral 1o2ernment% shall be e*cluded.
16" Effect of (e'th o& or before the 'ccr6'$ of the r#7ht to -6e" .
!" @here a person who would% if he were li2ing% ha2e a right to institute a suit
or ma<e an application dies before the right accrues% or where a right to
institute a suit or ma<e 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 representati2e 3f the deceased capable of instituting such% suit or
ma<ing such application.
)" @here a person against whom% if he were li2ing% a right to institute a suit or
ma<e% an application would ha2e accrued dies before the right accrues% or
where a right to institute a suit or ma<e 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 representati2e of the deceased
against whom the plaintiff may institute such suit or ma<e such application.
(" Hothing in subsection !" or subsection )" applies to suits to enforce rights
of pre-emption or to suits for the possession of immo2able property or of a
hereditary office.
18" Effect of fr'6( or )#-t'=e" .
!" @here% in the case of any +uit or application for which a period of limitation
is prescribed by this Act% -
a" #he suit or application is based upon the fraud of the defendant or
respondent or his agent8 or
b" #he <nowledge of the right or title on which a suit or application is
founded is concealed by the fraud of any such person as aforesaid8
or
c" #he suit or application is for relief from the conse5uences of a
mista<e8 or
d" @here any document necessary to establish the right of the plaintiff
or applicant has been fraudulently concealed from him8
#he period of limitation shall not begin to run until the plaintiff or applicant has
disco2ered the fraud or the mista<e or could% with reasonable diligence% ha2e
disco2ered it8 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:
Pro2ided that nothing in this section shall enable any suit to be instituted or
application to be made to reco2er or enforce any charge against% or set aside any
transaction affecting% any property which-
i" In the case of fraud% has been purchased for 2aluable consideration
by a person who was not a party to the fraud and did not at the time
of the purchase <now% or ha2e reason to belie2e% that any fraud had
been committed% or
ii" In the case of mista<e% has been purchased for 2aluable
consideration subse5uently to the transaction in which the mista<e
was made% by a person who did not <now% or ha2e reason to belie2e%
that the mista<e had been made% or
iii" In the case of a concealed document% has been purchased for
2aluable consideration by a person who was not it party to the
concealment and. did not at the time of purchase <now% or ha2e
reason to belie2e% that the document had been concealed.
)" @here a ;udgement-debtor has% by fraud or force% pre2ented the e*ecution
of a decree or order within the period of limitation% the court may% on the
application of= the ;udgement-creditor made after the e*piry of the said
period e*tend the period for e*ecution of the decree or order:
Pro2ided that such application is made within one year from the date of the
disco2ery of the fraud or the cessation of force% as the case may be.
1:" Effect of 'c=&o5$e(7e)e&t #& 5r#t#&7" .
!" @here% before the e*piration of the prescribed period for a suit or
application in respect of any property or right% all ac<nowledgement of
liability in respect of such property or right has been made in writing signed
by the party against whom such property or right is claimed% or by any
person through whom he dri2es his title or liability% a fresh period of
limitation shall be computed from the time when the ac<nowledgement was
so signed.
)" @here the writing containing the ac<nowledgement is initiated% oral
e2idence may be gi2en of the time when it was signed8 but sub;ect to the
pro2isions of the Indian :2idence Act% !CI) ! of !CI)"% oral e2idence of its
contents shall not be recei2e
E%3$'&'t#o&" .For the purposes of this section% -
a" An ac<nowledgement may be sufficient though it omits to specify
the e*act nature of the property or right% or a2ers that the time for
payment% deli2ery% performance or en;oyment has not yet come or is
accompanied by a refusal to pay% deli2er% perform or permit to en;oy%
or is coupled with a claim to set-off% or is addressed to a person
other than a person entitled to the property or right8
b" #he word 6signed7 means signed either personally or by an agent
duly authorised in this behalf% and
c" All application for the e*ecution of a decree or order shall not be
deemed to be an application in respect of any property or right.
19" Effect of 3'4)e&t o& 'cco6&t of (ebt or of #&tere-t o& $e7'c4" .
@here payment on account of debt or of interest on a legacy is made before the
e*piration 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 front the time when the payment was made:

Pro2ided that% sa2e in the case of payment of interest made before the !
st
day of
,anuary% !&)C% an ac<nowledgement of the payment appears in the handwriting of%
or in a writing signed by% the person ma<ing the payment.
E%3$'&'t#o&" -For the purposes of this section% -
a" @here 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 payment8
b" 69ebt7 does not include money payable under a decree or order of a
court.

+;" Effect of 'c=&o5$e(7e)e&t or 3'4)e&t b4 '&other 3er-o&" .
!" #he e*pression 6agent duly authorised in this behalf7 in sections !C and !&
shall% in the case of a person under disability% include his lawful guardian%
committee or manager or an agent duly authorised by such guardian%
committee or manager to sing the ac<nowledgement or ma<e the payment.
)" Hothing in the said sections renders one of se2eral ;oint contractors%
partners% e*ecutors or mortgages chargeable by reason only of a written
ac<nowledgement signed by% or of a payment made by% or by the agent% of%
any other or others of them.
(" For the purposes of the said sections% -
a" An ac<nowledgement signed or a payment made in respect of any
liability by or by the duly authorised agent of% any limited owner of
property who is go2erned by ?indu law% shall be a 2alid
ac<nowledgement or payment% as the case may be% against a
re2ersioner succeeding to such liability8 and
b" @here a liability has been incurred by or on behalf of a ?indu
undi2ided flintily% as such% an ac<nowledgement or payment made
by% or by the duly authorised agent of% the manager of the family for
the time being shall be deemed to ha2e been made on behalf of the
whole family.
+1" Effect of -6b-t#t6t#&7 or '((#&7 &e5 3$'#&t#ff or (efe&('&t" .
!" @here after the institution of a suit% a new plaintiff or% defendant is
substituted or added% the suit shall% as regards him be deemed to ha2e been
instituted when he was so made a party:
Pro2ided that where the court is satisfied that the omission to include a new
plaintiff or defendant was due to a mista<e made in good faith it may direct
that the suit as regards such plaintiff or defendant shall be deemed to ha2e
been instituted on any earlier date.
)" Hothing in sub-section !" shall apply to a case where a party is added or
substituted owing to assignment or de2olution of any interest during the
pendency of a suit or where a plaintiff is made a defendant or a defendant is
made a plaintiff.
++ Co&t#&6#&7 bre'che- '&( tort-" .
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 e2ery moment of the time during which
the breach or the tort% as the case may be% continues.
+3" S6#t- for co)3e&-'t#o& for 'ct- &ot 'ct#o&'b$e 5#tho6t -3ec#'$ (')'7e" .
In the case of a suit for compensation for an act% which does not gi2e rise to a cause
of action unless some specific in;ury actually results therefrom% the period of
limitation shall be computed from the time when the in;ury results.
+2" Co)36t't#o& of t#)e )e&t#o&e( #& #&-tr6)e&t-" .
All instruments shall for the purposes of this Act be deemed to be made with
reference to the 1regorian calendar.
PAT I>
AC?0ISITION O/ O@NESHIP 1! POSSESSION
+5" AcA6#-#t#o& of e'-e)e&t b4 3re-cr#3t#o&" .
!" @here the access and use of light or air to and for any building ha2e been
peaceably en;oyed 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 affirmati2e or negati2e"
has been peaceably and openly en;oyed 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.
)" :ach of the said periods of twenty years shall be ta<en to be a period ending
within two years ne*t before the institution of the suit wherein the claim to
which such period related is contested.
(" @here the property o2er which a right is claimed under sub-section !"
belongs to the 1o2ernment that sub-section shall be read as if for the words
6twenty years7 the words 6thirty years7 were-substituted.
Explanation. -Hothing is an interruption within the meaning of this section%
unless where there is an actual discontinuance of the possession or
en;oyment by reason of an obstruction by the act of some person other than
the claimant% and unless such obstruction is submitted to or ac5uiesced in
for one year after the claimant% and unless such obstruction is submitted to
or ac5uiesced in for one year after the claimant has notice thereof and of the
person ma<ing or authorising the same to be made.
+6" E%c$6-#o& #& f'9o6r- of re9er-#o&er of -er9#e&t te&e)e&t" .
@here any land or water upon% o2er or from% which any easement has been en;oyed
or deri2ed has been held under or by 2irtue of any interest for life or in terms of
years e*ceeding three years from the granting thereof the time of the en;oyment of
such easement during the continue of such interest or term shall be e*cluded in the
computation of the period of twenty years in case the claim is% within three years
ne*t after the determination of such interests or term resisted by the person entitled
on such determination to the said land or water.
+8" E%t#&76#-h)e&t- of r#7ht to 3ro3ert4" .
At the determination of the period hereby limited to any person for instituting a suit a
for possession of any property% his right to such property shall be e*tinguished.
PAT >
MISCELLANEO0S
+:" A)e&()e&t of cert'#& Act-" .
.Rep. by the Repealing and Amending Act% !&I> D' of !&I>"./
+9" S'9#&7-" .
!" Hothing in this Act shall affect +ection )D of the Indian 0ontract Act% !CI)
& of !CI)".
)" @here any special or local law prescribes for any suit% appeal or application
a period of limitation different from the period prescribed by the +chedule%
the pro2isions of section ( shall apply as if such period were the period
prescribed by the +chedule and for the purpose of determining any period of
limitation prescribed for any suit% appeal or application by any special or
local law% the pro2isions contained in +ections > to )> inclusi2e" shall
apply only in so far as% and to the e*tent to which% they are not e*pressly
e*cluded by such special or local law.
(" +a2e as otherwise pro2ided in any law for the time being in force with
respect to marriage and di2orce% nothing in this Act shall apply to any suit
or other proceeding under any such law.
>" +ections )D and )' and the definition of 6easement7 in +ection ) shall not
apply to cases arising in the territories to which the Indian :asements Act%
!CC) D of !CC)"% may for the time being e*tend.

3;" Pro9#-#o& for -6#t-, etc", for 5h#ch the 3re-cr#be( 3er#o( #- -horter th'& the
3er#o( 3re-cr#be( b4 the I&(#'& L#)#t't#o& Act, 19;:" .
Hotwithstanding 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 $imitation Act% !&BC & of
!&BC"% may he instituted within a period of se2eral years ne*t after
the commencement of this Act or within the period prescribed for
such suit by the Indian $imitation Act% !&BC% whiche2er period
e*pires earlier8
Pro2ided that if in respect of any such suit% the said period of se2en
years e*pires earlier than the period of limitation prescribed therefor
under the Indian $imitation Act% !&BC and the said period of se2en
years together with so much of the period of limitation in respect of
such suit under the Indian $imitation Act% !&BC & of !&BC"% as has
already e*pired 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 Act8
b" Any appeal or application for which the period of limitation is shorter
than the period of limitation prescribed by the Indian $imitation Act%
!&BC may be preferred or made within a period of ninety days ne*t
after the commencement of this Act or within the period prescribed
for such appeal or application by the Indian $imitation Act% !&BC%
whiche2er period e*pires earlier.
31" Pro9#-#o&- '- to b'rre( or 3e&(#&7 -6#t-, etc" .
Hothing in this Act shall% -
a" :nable any suit% appeal or application to be instituted% preferred or made% for
which the period of limitation prescribed by the Indian $imitation Act%
!&BC% e*pired before the commencement of this Act8 or
b" Affect any suit% appeal or application instituted% preferred or made before%
and pending at% such commencement.
3+" e3e'$" .
.Rep. by the Repealing and Amending Act% !&I> D' of !&I>"%/
THE SCHE,0LE
PEIO,S O/ LIMITAION
[See Sect#o& + (B) '&( 3]
/IST ,I>ISON.S0ITS
+.Ho 9escription of +uit Period of limitation #ime from which period begins
to run
PAR# !- +JI#+ R:$A#IH1 #3 A003JH#+
! For the balance due on a mutual% open
and current account% where there ha2e
been reciprocal demands between the
parties.
#hree years #he close of the year in which
the last item admitted or pro2ed
is entered in the account8 such
year to be computed as in the
account.
) Against a factor for an account. #hree years @hen the account is% during the
continuance of the agency%
demanded and refused or% where
no such demand is made% when
the agency terminates.
( By a principal against his agent for
mo2able property recei2ed by the latter
and not accounted for.
#hree years @hen the account is% during the
continuance of the agency%
demanded and refused or% where
no such demand is made% when
the agency terminates.
> 3thers suits by principals against agent
for neglect or misconduct.
#hree years @hen the neglect or
misconduct becomes <nown to
the plaintiff.
D For an account and a share of the
profits of a dissol2ed partnership.
#hree years #he date of the dissolution.
PAR# II K +JI#+ RA$A#IH1 #3 03H#RA0#+
' For the +eamanFs wages #hree years #he end of the 2oyage during
which the wages are earned.
I For wages in the case of any other
person.
#hree years @hen the wages accrue due.
C For the price of food or drin<s sold by
the <eeper of a hotel ta2ern or lodging
house
#hree years @hen the food or drin< is
deli2ered.
& For the price of lodging #hree years @hen the price becomes
payable.
!B Against a carrier for compensation for
losing or in;uring goods.
#hree years @hen the loss or in;ury occurs.
!! Against a carrier for compensation for
non-deli2ery of% or delay in deli2ering%
goods.
#hree years @hen the goods ought to be
deli2ered.
!) For the hire of animals% 2ehicles% boats
or household furniture.
#hree years @hen the hires become payable.
!( For the balance of money ad2anced in
payment of goods to be deli2ered.
#hree years @hen the goods ought to be
deli2ered.
!> For the price of goods sold and
deli2ered where no fi*ed period of
credit is agreed upon.
#hree years #he date of the deli2ery of the
goods.
!D For the price of goods sold and
deli2ered to be paid for after the e*piry
of a fi*ed period of credit.
#hree years @hen the period of credit
e*pires
!' For the price of goods sold and
deli2ered to be paid for by a bill of
e*change% no such bill being gi2en.
#hree years @hen the period of the
proposed bill elapses.
!I For the price of trees of growing crops
sold by the plaintiff to the defendant
where no fi*ed period of credit is
agreed upon.
#hree years #he date of the sale
!C For the price of wor< done by the
plaintiff for the defendant at his
re5uest% where no time has been fi*ed
for payment.
#hree years @hen the wor< is done
!& For money payable for money lent. #hree years @hen the loan is made
)B $i<e suit when the lender has gi2en a
che5ue for the money.
#hree years @hen the che5ue is paid.
)! For money lent under an agreement
that it shall be payable on demand.
#hree years @hen the loan is made
)) For money deposited under an
agreement that it shall be payable on
demand% including money of a
customer in the hands of his ban<erFs
so payable.
#hree years @hen the demand is made.
)( For money payable to the plaintiff for
money paid for the defendant.
#hree years @hen the money is paid.
)> For money payable by the defendant to
the plaintiff for money recei2ed by the
defendant% for the plaintiffFs use.
#hree years @hen the money is recei2ed.
)D For money payable for interest upon
money found to be due from the
defendant to the plaintiff.
#hree years @hen the interest becomes due.
)' For money payable to the plaintiff for
money found to be due from the
defendant to the plaintiff on accounts
stated between them.
#hree years @hen #he account 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 arri2es.
)I For compensation for breach of a
promise to do anything at a specified
time% or upon the happening of a
specified contingency.
#hree years @hen the time specified arri2es
or the contingency happens.
)C 3n a single bond% where a day is
specified foe payment.
#hree years #he day so specified
)& 3n a single bond% where no such day is #hree years #he date of e*ecuting the bond.
specified.
(B 3n a bond sub;ect to a condition. #hree years @hen the condition is bro<en.
(! 3n a bill of e*change or promissory
note payable at a fi*ed time after date.
#hree years @hen he bill or note falls due.
() 3n a bill of e*change payable at sight%
or after sight% but not at fi*ed time.
#hree years @hen the bill is presented
(( 3n a bill of e*change accepted payable
at a particular place.
#hree years @hen the bill is presented at
that place.
(> 3n a bill of e*change or promissory
note payable at a fi*ed time after sight
or after demand.
#hree years @hen the fi*ed time is e*pires.
(D 3n a bill of e*change or promissory
not payable on demand and not
accompanied by any writing restraining
or postponing the right to sue.
#hree years #he date or bill or note.
(' 3n a promissory note or bond payable
by instalments.
#hree years #he e*piration of the first term
of payment as to the part then
payment as to the part then
payable8 and for the other parts%
the e*piration of the respecti2e
terms of payment.
(I 3n a promissory note or bond payable
by installments% which pro2ides that% if
defaults be made in payment of one or
more instalments% the whole shall be
due.
#hree years @hen the default is made%
unless where the payee or oblige
wai2es the benefit of the
pro2ision and then when fresh
default is made in respect of
which there is no such wai2er.
(C 3n a promissory note gi2en by the
ma<er to a third person to be deli2ered
to the payee after a certain e2ent should
happen.
#hree years #he date of the deli2ery to the
payee.
(& 3n a dishonoured foreign bill where
protest has been made and notice gi2en.
#hree years @hen the notice is gi2en.
>B @hich the payee against the drawer of
a bill of e*change has dishonoured by
#hree years #he date of the refusal to accept
non-acceptance.
>! By the acceptor of an accommodation K
bill against the drawer.
#hree years @hen the acceptor pays the
amount of he bill.
>) By a surety against the principal debtor. #hree years @hen the surety pays the
creditor.
>( By a surety against a co-surety #hree years @hen the surety pays anything
in e*cess of his own share.
>> a" 3n a policy of insurance when
the sum insured is payable
after proof of the death has
been gi2en to or recei2ed by
the insures.
b" 3n a policy of insurance when
the sum insured is payable
after proof of the loss has been
gi2en to or recei2ed by the
insures%
#hree years
#hree years
#he 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.
#he 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.
>D By the assured to reco2er premia paid
under a policy 2oidable at the election
of the insures.
#hree years @hen the insures elect to a2oid
the policy.
>' Jnder the Indian +uccession Act% !&)D
(& of !&)D"% section ('B or section
('!% to compel a refund by a person to
whom an e*ecutor or administrator has
paid a legacy or distributed assets.
#hree years #he date of the payment or
distribution.
>I For money paid upon an e*isting
consideration which afterwards fails.
#hree years #he date of the failure.
>C For contribution by a party who has
paid the whole or more than his share
of the amount due under a ;oint decree%
or by a sharer in a ;oint estate who has
paid the whole or more than his share
of the amount of re2enue due from
himself and his co-shares.
#hree years #he date of the payment in
e*cess of the plaintiffFs own
share.
>& By a co-trustee to enforce against the
estate of a deceased trustee a claim for
#hree years @hen the right to contribution
accrues.
contribution.
DB By the manager of a ;oint estate of an
undi2ided family for contribution% in
respect of a payment made by him on
account of the estate.
#hree years #he date of the payment.
D! For the profits of immo2able property
belonging to the plaintiff which ha2e
been wrongfully recei2ed by the
defendant.
#hree years @hen the profits are recei2ed.
D) For arrears of rent. #hree years @hen the profits are recei2ed.
D( By a 2endor of immo2able property for
personal payment of unpaid purchase-
money.
#hree years #he time fi*ed for completing
the sale% or where the title is
accepted after the time fi*ed for
completion" #he date of the
acceptance.
D> For specific performance of a contract. #hree years #he date fi*ed for the
performance% or% if no such date
is fi*ed% when the plaintiff has
notice that performance is
reused.
DD For compensation for the breach of any
contract% e*press or implied not herein
specially pro2ided for8
#hree years @hen the contract is bro<en or
where there are successi2e
breaches" when the suit is
instituted occurs or where the
breach is continuing" when it
ceases.
PAT III * S0ITS ELATINC TO ,ECLAATIONS
D' #o declare the forgery of an
instrument issued or registered.
#hree years @hen the issue or registration
becomes <nown to the plaintiff.
DI #o obtain a declaration that an alleged
adoption is in2alid is in2alid% or ne2er%
in fact% too< place.
#hree years @hen the alleged adoption
becomes <nown to the plaintiff.
DC #o obtain any other declaration. #hree years @hen the right to sue first
accrues.
PAT I> * S0ITS ELATINC TO ,ECEES AN, INST0MENTS
D& #o cancel or set aside an instrument or
decree or for the rescission of a
contract.
#hree years @hen the facts entitling the
plaintiff to ha2e the instrument
or decree cancelled or set aside
or the contract rescinded first
become <nown to him
'B #o set aside a transfer of property made
by the guardian of a ward K
a" By the ward who has attained
ma;ority8
b" By the wardFs legal
representati2e. K
i" @hen the ward dies
within three years
from the date of
attaining ma;ority8
ii" @hen the ward dies
before attaining
ma;ority.
#hree years @hen the ward attained
ma;ority.
'! By a mortgagee. K
a" #o redeem or reco2er
possession of immo2able
property mortgaged8
b" #o reco2er possession of
immo2able property mortgaged
and afterwards transferred by
the mortgagee for a 2aluable
consideration8
c" c" #o reco2er surplus collections
recei2ed by the Gortgagee after
the mortgage has been satisfied.
#hirty years
#wel2e years
#hree years
@hen the right to redeem or to
reco2er possession accrues8
@hen the transfer becomes
<nown to the plaintiff.
@hen the mortgagor re-enters
on the mortgaged property.
') #o enforce payment of money secured
by a mortgage or otherwise charged
upon immo2able property.
#wel2e years @hen the money sued for
becomes due.
'( By mortgagee. K
a" For foreclosure
b" For possession of immo2able
property mortgaged.
#hirty years
#wel2e years
@hen the money secured by the
mortgaged becomes due.
@hen the mortgagee becomes
entitled to possession.
'> For possession of immo2able property
bases on pre2ious possession and not
on title% when the plaintiff while in
possession of the property has been
dispossessed.
#wel2e years #he date of dispossession.
'D For possession of immo2able property
or any interest therein bases on title.
:*planation. KFor the purposes of this
article. K
a" @here the suit is by a reminder-
man% a re2ersioner other than a
land lord" or a de2isee the
possession of the defendant
shall be deemed to become
ad2erse only when the estate of
the remainderman% re2ersioner
or de2isee% as the case may be%
falls into possession8
b" @here the suit is by a ?indu or
Guslim entitled to the
possession of immo2able
property on the death of a
?indu or Guslim female % the
possession of the defendant
shall be deemed to become
ad2erse only when the female
dies8
c"@here the suit is by a purchaser
at a sale in e*ecution of a
decree when the ,udgement-
debtor was out of
possession at the date of
the sale% the purchaser
shall be deemed to be a
representati2e of the
;udgement-debtor who was
out of possession.
#wel2e years @hen the possession of the
defendant becomes ad2erse to
the plaintiff.
'' For the possession of immo2able
property when the plaintiff has become
entitled to plaintiff has become entitled
to possession by reason of any
forfeiture or breach of condition.
#wel2e years @hen the forfeiture is incurred
or the condition is bro<en.
'I By a landlord to reco2er possession
from a tenant.
#wel2e years @hen the tenancy is
determined.
PAT >I * S0ITS ELATINC TO MO>A1LE POPET!
'C For specific mo2able property% lost or
ac5uired by theft% or dishonest
misappropriation or con2ersion.
#hree years @hen the person ha2ing the
right to the possession of the
property first learns in whose
possession it is.
'& For other specific mo2able property. #hree years @hen the property is
wrongfully ta<en.
IB #o reco2er mo2able property deposited
or pawned from a depository of
Pawnee.
#hree years #he date of refusal after
demand.
I! #o reco2er mo2able property deposited
or pawned% and afterwards bought from
the depository or pawnee for a 2aluable
consideration.
#hree years @hen the sale becomes <nown
to the plaintiff.
PAT >II * S0ITS ALATINC TO TOT
I) 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 territories to which
this Act e*tends.
3ne year @hen the act or omission ta<es
place.
I( For compensation for false
imprisonment.
3ne year @hen the imprisonment ends.
I> For compensation for a malicious
prosecution.
3ne year @hen the plaintiff is ac5uitted
or the prosecution is otherwise
terminated.
ID For compensation for libel. 3ne year @hen the libel is published.
I' For compensation for slander. 3ne year @hen the words are spo<en or%
if the words are not actionable
in themsel2es% when the special
damage complained of results.
II For compensation for loss of ser2ice
occasioned by the seduction of the
plaintiffFs ser2ant or daughter.
3ne year @hen the loss occurs.
IC For compensation for inducing a
person to brea< a contract with the
plaintiff.
3ne year #he date of the breach.
I& For compensation for an illegal%
irregular or e*cessi2e distress.
3ne year #he date of the distress.
CB For compensation for wrongful sei4ure
of mo2able property under legal
process.
3ne year #he dare of he sei4ure.
C! By e*ecutors% administrators or
representati2es under the $egal
Representati2es +uits Act% !CDD !) of
!CDD".
3ne year #he date of the death of the
person wronged.
C) By e*ecutors% administrators or
representati2es under the Indian Fatal
Accidents Act% !CDD!( of !CDD".
#wo year #he date of the death of the
person <illed.
C( Jnder the $egal Representati2es +uits
Act% !CDD !) Bf !CDD" against an
e*ecutor% an administrator or any other
representati2e.
#wo year @hen the wrong complained of
is done.
C> Against one who% ha2ing a right to use
property for specific purposes% pre2ents
it to other purposes.
#wo year @hen the per2ersion first
becomes <nown to the person
in;ured thereby.
CD For compensation for obstructing a
way or a watercourse.
#hree years #he date of the obstruction
C' For compensation for di2erting a
watercourse.
#hree years #he date of the di2ersion.
CI For compensation for trespass upon
immo2able property.
#hree years #he date of trespass.
CC For compensation for infringing
copyright or any other e*clusi2e
pri2ilege.
#hree years #he date of the infringement.
C& #o restrain waste. #hree years @hen the waste begins.
&B For compensation for in;ury caused by
an in;unction wrongfully obtained .
#hree years @hen the in;unction ceases.
&! For compensation. K
a" For wrongfully ta<ing or
detaining any specific mo2able
property lost% or ac5uired by
theft or dishonest
misappropriation or con2ersion8
#hree years @hen the person ha2ing the
right to the possession of the
property first learns in whose
possession it is.
b" For wrongfully ta<ing or
in;uring or wrongfully
detaining any other specific
mo2able property.
#hree years @hen the property is
wrongfully ta<en or in;ured% or
when the retainerFs possession
becomes unlawful.
PAT >III * S0ITS ELATINC TO T0STS AN, T0ST POPET!
&) #o reco2er possessions of immo2able
property con2eyed or be5ueathed in
trusts and afterwards transferred by the
trustee and afterwards transferred by
the trustee for a 2aluable consideration.
#wel2e years @hen the transfer becomes
<nown to the plaintiff.
&( #o reco2er possession of mo2able
property con2eyed or be5ueathed in
trust and afterwards transferred by the
trustee for a 2aluable consideration.

#hree years @hen the transfer becomes
<nown to the plaintiff.
&> #o set aside a transfer of immo2able
property comprised in a ?indu% Guslim
or Buddhist religious or charitable
endowment% made by a manager% made
by the manager thereof for a 2aluable
consideration.
#wel2e years @hen the transfer becomes
<nown to the plaintiff.
&D #o set aside a transfer of mo2able
property comprised in a ?indu% Guslim
or Buddhist religious or charitable
endowment% made by a manager
thereof for a 2aluable consideration.
#hree years @hen the transfer becomes
<nown to the plaintiff.
&' By the manager of a ?indu % Guslim or
Buddhist religious or charitable
endowment% to reco2er possession of
mo2able property comprised in the
endowment which has been transferred
by a 2aluable consideration .
#wel2e years #he date of death% resignation or
remo2al of the transferor or the
date of appointment of the
plaintiff as manager of the
endowment% whiche2er is later.
PAT ID * S0ITS ELATINC TO MISCELLANEO0S MATTES
&I #o enforce a right of pre-emption
whether the right is found on law in
general usage or on special contract.
3ne year @hen the purchaser ta<es under
the sale sought it be impeached%
physical possession of the
whole or part of the property
sold% or% where the sub;ect-
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 .
&C By a person against whom an order
referred to in rule '( or in rule !B( of
order AAI of the code of 0i2il
Procedure% !&BCD of !&BC" or an order
under +ection )C of the Presidency
+mall 0ause 0ourts Act% !CC) !D of
!CC)" has been made% to establish the
right which he claims to the property
comprised in the order.
3ne year #he date of the final order.
&& #o set aside a sale by a ci2il or re2enue
court or a sale for arrears of
1o2ernment re2enue or for nay
demand reco2erable as such arrears.
3ne Year @hen the sale is confirmed or
would otherwise ha2e become
final and conclusi2e had no such
suit been brought .
!B
B
#o alter or ser aside any decision or
order or a ci2il court in any proceeding
other than a suit or any act or other or
an officer of 1o2ernment in his official
capacity.
3ne year #he date of the final decision or
order by the court or the date of
the at or order of the officer as
the case may be .
!B
!
Jpon a ;udgement including a foreign
;udgement% or a recogni4ance.
#hree years #he date of ;udgement or
recogni4ance.
!B
)
For property which the plaintiff has
con2eyed while insane.
#hree years @hen the plaintiff is restored to
sanity and has <nowledge of the
con2eyance.
!B
(
#o ma<e good out of the general estate
of a deceased trustee the loss
occasioned by a breach of trust.
#hree years #he date of the trusteeFs death
or if the loss has not then
resulted% the date of the loss.
!B
>
#o establish a periodically recurring
right.
#hree years @hen the plaintiff is first
refused the en;oyment of the
right.
!B
D
By a ?indu for arrears of maintenance. #hree years @hen the arrears are payable.
!B
'
For a legacy or for a share of a residue
be5ueathed by a testator or for a
distributi2e share of the property of an
intestate against an e*ecutor or an
administrator or some other person
legally charged with the duty of
distributing the estate.
#wel2e years @hen the legacy or share
becomes payable or deli2erable.
!B
I
For possession of a hereditary office.
:*planation . K A hereditary office is
possessed when the properties thereof
are usually recei2ed% or if there are no
properties" when the duties thereof are
usually performed.
#wel2e years @hen the defendant ta<es
possession of the office
ad2ersely to the plaintiff.
!B
C
+uit during the life of a ?indu or
Guslim female by a ?indu or Guslim%
who if the female died at the date of
instituting the suit% would be entitled to
the possession of land% to ha2e an
alienation such land made by the
female declared to be 2oid e*cept for
her life or until her re-marriage.
#wel2e years #he date of alienation.
!B
&
By a ?indu go2erned by Gita<shara
law to set aside his fatherFs alienation
of ancestral property.
#wel2e years . @hen the alience ta<es
possession of he property.
!!B By a person e*cluded from a ;oint
family property to enforce a right to
share therein.
#wel2e years @hen the e*clusion becomes
<nown to the plaintiff.
!!! By or on behalf of any local authority
for possession of any public street or
any part thereof from which it has been
dispossessed or of which it has
discontinued the possession.
#hirty years #he date of the dispossession or
discontinuance.
!!) Any suit e*cept a suit before the
+upreme 0ourt in the e*ercise of its
original ;urisdiction" by or on behalf of
the 0entral 1o2ernment or any +tate
#hirty years @hen the period of limitation
would begin to run this Act
against a li<e suit by a pri2ate
person.
1o2ernment% including the
1o2ernment of the +tate ,ammu and
-ashmir.
PAT D S0ITS /O @HICH THEE IS NO PESCI1E, PEIO,
!!( Any suit for which no period of
limitation is pro2ided elsewhere in this
+chedule.
#hree years @hen the right to sue accrues.
Seco&( ,#9#-#o& * A33e'$-
!!> Appeal from an order of ac5uittal. K
a" Jnder sub-section !" or sub
section )" of section >!I of the
0ode 3f 0i2il Procedure% !C&C
D of !C&C".
b" Jnder sub-section (" of
+ection >!I of that 0ode.
Hinety days
#hirty days
#he date of the order appealed
from.
#he date of the grant of special
lea2e.
!!D Jnder the 0ode of 0i2il Procedure%
!C&C D of !C&C". K
a" From a sentence of death
passed by a court of session or
by a ?igh 0ourt in the e*ercise
of its original criminal
;urisdiction .
b" From nay other sentence or any
order not being an order of
ac5uittal. K
i" #o the ?igh 0ourt
ii" #o any other 0ourt
#hirty days
+i*ty days
#he date of the sentence
#he date of the sentence of the
order .
#he date of the sentence or
order.
!!' Jnder the code of 0i2il Procedure%
!&BC D of !&BC" . K
a" #o a ?igh 0ourt from any
decree or order %
b" #o any other court from any
decree or order.
c"
Hinety days
#hirty days
#he date of the decree or order
#he date of the decree or order
!!I From a decree or order of any ?igh
0ourt to the same 0ourt.
#hirty days #he date of the decree of the
order .
THI, ,I>ISION * APPLICATIONS
PAT I * APPLICATION IN SPECI/IE, CASES
!!C For lea2e to appear and defend a suit
under summary procedure.
#en days @hen the summons is ser2ed .
!!& Jnder the Arbitration Act% !&>B !B of
!&>B "% -
a" For the filing in court of an
award.
#hirty days #he date of ser2ice of the notice
of the ma<ing of the award.
b"For setting aside an award or
getting an award remitted for
reconsideration.
#hirty days #he date of the ser2ice of the
notice of the filing of the
award .
!)
B
Jnder the 0ode of 0i2il Procedure%
!&BC D of !&BC"% to ha2e the legal
representati2e of a deceased plaintiff or
appellant or of a deceased defendant or
respondent% made a party.
Hinety days #he date of death of the
plaintiff% appellant% defendant or
respondent as the case may be .
!)
!
Jnder the same 0ode for an order to
ser aside and abatement.
+i*ty days #he date of abatement.
!)
)
#o restore a suit or appeal or
application for re2iew or re2ision
dismissed for default of appearance or
for want of prosecution or for failure to
pay costs of ser2ice of process or to
furnish security for costs.
#hirty days #he date of dismissal.
!)
(
#o set aside a decree passed e* parte or
to re-hear an appeal decreed or heard
e* parte.
:*planation. K For the purpose of this
article % substituted ser2ice under rule
)B of 3rder L of the 0ode of 0i2il
Procedure% !&BC D of !&BC" shall not
be deemed to be due ser2ice .
#hirty days #he date of the decree or where
the summons or notice was not
duly ser2ed% when the applicant
had <nowledge of he decree..
!)
>
For a re2iew of ;udgement by a court
other than the +upreme 0ourt.
#hirty days #he date of the decree of the
order
!)
D
#o record an ad;ustment by a court
other than the +upreme 0ourt.
#hirty days @hen the payment or
ad;ustment is made.
!)
'
For the payment of the amount of a
decree by instalments.
#hirty days #he date of the decree
!)
I
#o set aside a sale in e*ecution of a
decree% including any such application
by the ;udgement-debtor.
+i*ty days i.e.
+ubs. by Act !B> of
!&I' for 6#hirty7.
#he date of the sale.
!)
C
For possession by one dispossessed of
immo2able property and disputing the
right of the decree K holder or
purchaser at a sale in e*ecution of a
decree.
#hirty days #he date of the dispossession
!)
&
For possession after remo2ing
resistance or obstruction to deli2ery of
possession of immo2able property
decreed or sold in e*ecution of a
decree.
#hirty days #he date of resistance or
obstruction.
!(
B
For lea2e to appeal as pauper. K
a" #o the ?igh 0ourt8
b" #o any other 0ourt8
+i*ty days
#hirty days
#he date of decree appealed
from.
#he date of decree appealed
from.
!(
!
#o any court for the e*ercise of its
powers of re2isions under the 0ode of
0i2il Procedure% !&BC D of !&BC"% or
the 0ode of 0riminal Procedure% !C&C
D of !C&C".
Hinety days #he date of the decree or order
or sentence sought to be
re2ised.
!(
)
#o the ?igh 0ourt for a certificate of
fitness to appeal to the +upreme 0ourt
under clause !" of article !()% article
!(( or sub-clause c" or clause !" of
article !(> of the 0onstitution or under
any other law for the time being in
force

+i*ty days #he date of the decree% order or
sentence.
!(
(
#o the +upreme 0ourt for special lea2e
to appeal. K
a"In a case in2ol2ing death sentence8 +i*ty days #he date of the ;udgement% final
order or sentence.
b"In a case where lea2e to appeal
was refused by the high court8
+i*ty days #he date of the order or refusal.
c"In any other case8 Hinety days #he date of the ;udgement of the
order .
!(
>
For deli2ery of possession by a
purchaser of immo2able property at a
sale in e*ecution of a decree.
3ne year @hen the sale becomes
absolute.
!(
D
For the enforcement of a decree
granting a mandatory in;unction.
#hree years #he date of the decree or where
a date is fi*ed for performance%
such date.
!(
'
For the e*ecution of any decree other
than a decree granting a mandatory
in;unction " an order of any ci2il court.
#wel2e years
1
.@hen/ the decree or order
becomes enforceable or where
the decree or any subse5uent
order directs any payment of
money or the deli2ery of any
property to be made at a certain
date or at recurring periods%
when default in ma<ing the
payment or deli2ery in respect
of which e*ecution is sought%
ta<es place8
Pro2ided that an application for
the enforcement or e*ecution of
a decree granting a perpetual
in;unction shall not be sub;ect
to any period of limitation.
PAT II * OTHE APPLICATIONS
!(
I
Any other application for which no
period of limitation is pro2ided
elsewhere in this di2ision.
#hree years @hen the right to apply accrues.

1" S6b-" b4 Act No"
5+ of 1962 for E@hereF"

Vous aimerez peut-être aussi