The_Limitation_Act_1963.PDF

The Limitation Act, 1963 The Limitation Act, 1963 UNION OF INDIA India The Limitation Act, 1963 Act 36 of 1963 Published in Gazette 36 on 5 October 1963 Assented to on 5 October 1963 Commenced on 5 October 1963 [This is the version of this document from 5 Oct...

The Limitation Act, 1963 The Limitation Act, 1963 UNION OF INDIA India The Limitation Act, 1963 Act 36 of 1963 Published in Gazette 36 on 5 October 1963 Assented to on 5 October 1963 Commenced on 5 October 1963 [This is the version of this document from 5 October 1963.] [Note: The original publication document is not available and this content could not be verified.] The Limitation Act, 1963[Act, No. 36 of 1963][5th October, 1963]An Act to consolidate and amend the law for the limitation of suits and other proceedings and for purposes connected therewith.BE it enacted by Parliament in the Fourteenth Year of the Republic of India as follows: Part I – Preliminary 1. Short title, extent and commencement.— (1)This Act may be called the Limitation Act, 1963.(2)It extends to the whole of India except, the State of Jammu and Kashmir.(3)It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint. 2. Definitions.— In this Act, unless the context otherwise requires,—(a)“applicant” includes—(i)a petitioner;(ii)any person from or through whom an applicant derives his right to apply;(iii)any person whose estate is represented by the applicant as executor, administrator or other representative;(b)“application” includes a petition;(c)“bill of exchange” includes a hundi and a cheque;(d)“bond “ includes any instrument whereby a person obliges himself to pay money to another, on condition that the obligation shall be void if a specified act is performed, or is not performed, as the case may be;(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 Indian Kanoon - http://indiankanoon.org/doc/106433136/ 1  The Limitation Act, 1963 through whom a plaintiff derives his right to sue;(ii)any person whose estate is represented by the plaintiff as executor, administrator or other representative;(j)“period of limitation” means the period of limitation prescribed for any suit, appeal or application by the Schedule, and “prescribed period” means the period of limitation computed in accordance with the provisions of this Act;(k)“promissory note” means any instrument whereby the maker engages absolutely to pay a specified sum of money to another at a time therein limited, or on demand, or at sight;(l)“suit” does not include an appeal or an application;(m)“tort” means a civil wrong which is not exclusively the breach of a contract or the breach of a trust;(n)“trustee” does not include a benamidar, a mortgagee remaining in possession after the mortgage has been satisfied or a person in a wrongful possession without title. Part II – Limitation of suits, appeals and applications 3. Bar of limitation.— (1)Subject to the provisions contained in sections 4 to 24 (inclusive), every suit instituted, appeal preferred, and application made after the prescribed period shall be dismissed, although limitation has not been set up as a defence.(2)For the purposes of this Act —(a)a suit is instituted —(i)in an ordinary case, when the plaint is presented to the proper officer;(ii)in the case of a pauper, when his application for leave to sue as a pauper is made; and(iii)in the case of a claim against a company which is being wound up by the court, when the claimant first sends in his claim to the official liquidator;(b)any claim by way of a set off or a counter claim, shall be treated as a separate suit and shall be deemed to have been instituted —(i)in the case of a set off, on the same date as the suit in which the set off is pleaded;(ii)in the case of a counter claim, on the date on which the counter claim is made in court;(c)an application by notice of motion in a High Court is made when the application is presented to the proper officer of that court. 4. Expiry of prescribed period when court is closed.— 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 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 working hours it remains closed on that day. 5. Extension of prescribed period in certain cases.— Any appeal or any application, other than an application under any of the provisions of Order XXI of the Code of Civil Procedure, 1908 (5 of 1908), may be admitted after the prescribed period, if the appellant or the applicant satisfies the court that he had sufficient cause for not preferring the appeal or making the application within such period.Explanation.—The fact that the appellant or the applicant was misled by any order, practice or judgment of the High Court in ascertaining or computing the prescribed period may be sufficient cause within the meaning of this section. Indian Kanoon - http://indiankanoon.org/doc/106433136/ 2  The Limitation Act, 1963 6. Legal disability.— (1)Where a person entitled to institute a suit or make an application for the execution of a decree is, at the time from which the prescribed period is to be reckoned, a minor or insane, or an idiot, he may institute the suit or make the application within the same period after the disability has ceased, as would otherwise have been allowed from the time specified therefore in the third column of the Schedule.(2)Where such person is, at the time from which the prescribed period is to be reckoned, affected by two such disabilities, or where, before his disability has ceased, he is affected by another disability, he may institute the suit or make the application within the same period after both disabilities have ceased, as would otherwise have been allowed from the time so specified.(3)Where the disability continues up to the death of that person, his legal representative may institute the suit or make the application within the same period after the death, as would otherwise have been allowed from the time so specified.(4)Where the legal representative referred to in sub-section (3) is, at the date of the death of the person whom he represents, affected by any such disability, the rules contained in sub-sections (1) and (2) shall apply.(5)Where a person under disability dies after the disability ceases but within the period allowed to him under this section, his legal representative may institute the suit or make the application within the same period after the death, as would otherwise have been available to that person had he not died.Explanation.—For the purposes of this section, ‘minor’ includes a child in the womb. 7. Disability of one of several persons.— 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. 8. Special exceptions.— Nothing in section 6 or in section 7 applies to suits to enforce rights of pre-emption, or shall be deemed to extend, for more than three years from the cessation of the disability or the death of the person affected thereby, the period of limitation for any suit or application. 9. Continuous running of time.— 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 Indian Kanoon - http://indiankanoon.org/doc/106433136/ 3  The Limitation Act, 1963 been granted to his debtor, the running of the period of limitation for a suit to recover the debt shall be suspended while the administration continues. 10. Suits against trustees and their representatives.— Notwithstanding anything contained in the foregoing provisions of this Act, no suit against a person in whom property has become vested in trust for any specific purpose, or against his legal representatives or assigns (not being assigns for valuable consideration), for the purpose of following in his or their hands such property, or the proceeds thereof, or for an account of such property or proceeds, shall be barred by any length of time.Explanation.—For the purposes of this section any property comprised in a Hindu, Muslim or Buddhist religious or charitable endowment shall be deemed to be property vested in trust for a specific purpose and the manager of the property shall be deemed to be the trustee thereof. 11. Suits on contracts entered into outside the territories to which 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 or in a foreign country unless—(a)the rule has extinguished the contract; and(b)the parties were domiciled in that State or in the foreign country during the period prescribed by such rule. Part III – Computation of period of limitation 12. Exclusion of time in legal proceedings.— (1)In computing the period of limitation for any suit, appeal or application, the day from which such period is to be reckoned, shall be excluded.(2)In computing the period of limitation for an appeal or an application for leave to appeal or for revision or for review of a judgment, the day on which the judgment complained of was pronounced and the time requisite for obtaining a copy of the decree, sentence or order appealed from or sought to be revised or reviewed shall be excluded.(3)Where a decree or order is appealed from or sought to be revised or reviewed, or where an application is made for leave to appeal from a decree or order, the time requisite for obtaining a copy of the judgment shall also be excluded.(4)In computing the period of limitation for an application to set aside an award, the time requisite for obtaining a copy of the award shall be excluded.Explanation.—In computing under this section the time requisite for obtaining a copy of a decree or an order, any time taken by the court to prepare the decree or order before an application for a copy thereof is made shall not be excluded. Indian Kanoon - http://indiankanoon.org/doc/106433136/ 4  The Limitation Act, 1963 13. 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. 14. 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 XXXIII of the Code of Civil Procedure, 1908 (5 of 1908), the provisions of sub-section (1) shall apply in relation to a fresh suit instituted on permission granted by the court under rule 1 of that Order where such permission is granted on the ground that the first suit must fail by reason of a defect in the jurisdiction of the court or other cause of a like nature.Explanation.—For the purposes of this section,—(a)in excluding the time during which a former civil proceeding was pending, the day on which that proceeding was instituted and the day on which it ended shall both be counted;(b)a plaintiff or an applicant resisting an appeal shall be deemed to be prosecuting a proceeding;(c)misjoinder of parties or of causes of action shall be deemed to be a cause of a like nature with defect of jurisdiction. 15. Exclusion of time in certain other cases.— (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 Indian Kanoon - http://indiankanoon.org/doc/106433136/ 5  The Limitation Act, 1963 for execution of a decree by any receiver or interim receiver appointed in proceedings for the adjudication of a person as an insolvent or by any liquidator or provisional liquidator appointed in proceedings for the winding up of a company, the period beginning with the date of institution of such proceeding and ending with the expiry of three months from the date of appointment of such receiver or liquidator, as the case may be, shall be excluded.(4)In computing the period of limitation for a suit for possession by a purchaser at a sale in execution of a decree, the time during which a proceeding to set aside the sale has been prosecuted shall be excluded.(5)In computing the period of limitation for any suit the time during which the defendant has been absent from India and from the territories outside India under the administration of the Central Government, shall be excluded. 16. Effect of death on or before the accrual of the right to sue.— (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. 17. Effect of fraud or mistake.— (1)Where, in the case of any suit or application for which a period of limitation is prescribed by this Act,—(a)the suit or application is based upon the fraud of the defendant or respondent or his agent; or(b)the knowledge of the right or title on which a suit or application is founded is concealed by the fraud of any such person as aforesaid; or(c)the suit or application is for relief from the consequences of a mistake; or(d)where any document necessary to establish the right of the plaintiff or applicant has been fraudulently concealed from him,the period of limitation shall not begin to run until 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 Indian Kanoon - http://indiankanoon.org/doc/106433136/ 6  The Limitation Act, 1963 concealed.(2)Where a judgment-debtor has, by fraud or force, prevented the execution of a decree or order within the period of limitation, the court may, on the application of the judgment-creditor made after the expiry of the said period extend the period for execution of the decree or order:Provided that such application is made within one year from the date of the discovery of the fraud or the cessation of force, as the case may be. 18. Effect of acknowledgment in writing.— (1)Where, before the expiration of the prescribed period for a suit of application in respect of any property or right, an acknowledgment of liability in respect of such property or right has been made in writing signed by the party against whom such property or right is claimed, or by any person through whom he derives his title or liability, a fresh period of limitation shall be computed from the time when the acknowledgment was so signed.(2)Where the writing containing the acknowledgment is undated, oral evidence may be given of the time when it was signed; but subject to the provisions of the Indian Evidence Act, 1872 (1 of 1872), oral evidence of its contents shall not be received.Explanation.—For the purposes of this section,—(a)an acknowledgment may be sufficient though it omits to specify the exact nature of the property or right, or avers that the time for payment, delivery, performance or enjoyment has not yet come or is accompanied by a refusal to pay, deliver, perform or permit to enjoy, or is coupled with a claim to set-off, or is addressed to a person other than a person entitled to the property or right;(b)the word “signed” means signed either personally or by an agent duly authorised in this behalf; and(c)an application for the execution of a decree or order shall not be deemed to be an application in respect of any property or right. 19. Effect of payment on account of debt or of interest on legacy.— Where payment on account of a debt or of interest on a legacy is made before the expiration of the prescribed period by the person liable to pay the debt or legacy or by his agent duly authorised in this behalf, a fresh period of limitation shall be computed from the time when the payment was made:Provided that, save in the case of payment of interest made before the 1st day of January, 1928, an acknowledgment of the payment appears in the handwriting of, or in a writing signed by, the person making the payment.Explanation.—For the purposes of this section,—(a)where mortgaged land is in the possession of the mortgagee, the receipt of the rent or produce of such land shall be deemed to be a payment;(b)“debt” does not include money payable under a decree or order of a court. 20. Effect of acknowledgment or payment by another person.— (1)The expression “agent duly authorised in this behalf” in sections 18 and 19 shall, in the case of a person under disability, include his lawful guardian, committee or manager or an agent duly authorised by such guardian, committee or manager to sign the acknowledgment or make the payment.(2)Nothing in the said sections renders one of several joint contractors, partners, executors or mortgagees chargeable by reason only of a written acknowledgment signed by, or of a payment made by, or by the agent, of, any other or others of them.(3)For the purposes of the said Indian Kanoon - http://indiankanoon.org/doc/106433136/ 7  The Limitation Act, 1963 sections,—(a)an acknowledgment signed or a payment made in respect of any liability by or by the duly authorised agent of, any limited owner of property who is governed by Hindu law, shall be a valid acknowledgment or payment, as the case may be, against a reversioner succeeding to such liability; and(b)where a liability has been incurred by or on behalf of a Hindu undivided family as such, an acknowledgment or payment made by, or by the duly authorised agent of, the manager of the family for the time being shall be deemed to have been made on behalf of the whole family. 21. Effect of substituting or adding new plaintiff or defendant.— (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. 22. Continuing breaches and torts.— In the case of a continuing breach of contract or in the case of a continuing tort, a fresh period of limitation begins to run at every moment of the time during which the breach or the tort, as the case may be, continues. 23. Suits for compensation for acts not actionable without special damage.— In the case of a suit for compensation for an act which does not give rise to a cause of action unless some specific injury actually results therefrom, the period of limitation shall be computed from the time when the injury results. 24. Computation of time mentioned in instruments.— 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 25. Acquisition of easement 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, Indian Kanoon - http://indiankanoon.org/doc/106433136/ 8  The Limitation Act, 1963 watercourse, use of water, or other easement shall be absolute and indefeasible.(2)Each of the said periods of twenty years shall be taken to be a period ending within two years next before the institution of the suit wherein the claim to which such period relates is contested.(3)Where the property over which a right is claimed under sub-section (1) belongs to the Government that sub-section shall be read as if for the words “twenty years” the words “thirty years” were substituted.Explanation.—Nothing is an interruption within the meaning of this section, unless where there is an actual discontinuance of the possession or enjoyment by reason of an obstruction by the act of some person other than the claimant, and unless such obstruction is submitted to or acquiesced in for one year after the claimant has notice thereof and of the person making or authorising the same to be made.State Amendment(Orissa)—Section 25 is repealed. 26. Exclusion in favour of reversioner of servient tenement.— Where any land or water upon, over or from, which any easement has been enjoyed or derived has been held under or by virtue of any interest for life or in terms of years exceeding three years from the granting thereof the time of the enjoyment of such easement during the continuance of such interest or term shall be excluded in the computation of the period to twenty years in case the claim is, within three years next after the determination of such interests or term resisted by the person entitled on such determination to the said land or water.State Amendment(Orissa)—Section 26 is repealed. 27. Extinguishment of right to property.— At the determination of the period hereby limited to any person for instituting a suit for possession of any property, his right to such property shall be extinguished. Part V – Miscellaneous 28. Amendment of certain Acts.— Rep. by the Repealing and Amending Act, 1974 (56 of 1974), sec. 2 and First Sch. 29. Savings.— (1)Nothing in this Act shall affect section 25 of the Indian Contract Act, 1872 (9 of 1872).(2)Where any special or local law prescribes for any suit, appeal or application a period of limitation different from the period prescribed by the Schedule, the provisions of section 3 shall apply as if such period were the period prescribed by the Schedule and 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” Indian Kanoon - http://indiankanoon.org/doc/106433136/ 9  The Limitation Act, 1963 in section 2 shall not apply to cases arising in the territories to which the Indian Easements Act, 1882 (5 of 1882), may for the time being extend. 30. Provision for suits, etc., for which the prescribed period is shorter than the period prescribed by the Indian Limitation Act, 1908. — Notwithstanding anything contained in this Act,—(a)any suit for which the period of limitation is shorter than the period of limitation prescribed by the Indian Limitation Act, 1908 (9 of 1908), may be instituted within a period of 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:Provided that if in respect of any such suit, the said period of seven years expires earlier than period of limitation prescribed therefore 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 therefore under this Act;(b)any appeal or application for which the period of limitation is shorter than the period of limitation prescribed by the Indian Limitation Act, 1908 (9 of 1908), may be preferred or made 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(Modification under Article 371F of the Constitution of India )Sikkim. —For section 30, substitute the following section, namely:—“30. Notwithstanding anything contained in this Act, any suit, appeal or application, which could be instituted, preferred or made before the commencement of this Act and for which the period of limitation is shorter than the period provided therefore by the law in Sikkim immediately before such commencement, may be instituted, preferred or made within the period provided by such law.” 31. Provisions as to barred or pending suits, etc. - Nothing in this Act shall,(a)enable any suit, appeal or application to be instituted, preferred or made, for which the period of limitation prescribed by the Indian Limitation Act, 1908 (9 of 1908), expired before the commencement of this Act; or(b)affect any suit, appeal or application instituted, preferred or made before, and pending at, such commencement.State Amendment(Modification under Article 371F of the Constitution of India )Sikkim. —In section 31, in clause (a), for the words “Indian Limitation Act, 1908 (9 of 1908), expired before the commencement of this Act”, substitute the words “law in force in Sikkim immediately before the commencement of this Act, expired before such commencement”. 32. Repealed.— Indian Kanoon - http://indiankanoon.org/doc/106433136/ 10  The Limitation Act, 1963 [See sections 2(j) and 3] FIRST DIVISION--SUITS Time from which Period of Description of suit period begins to limitation run PART I-- SUITS RELATING TO ACCOUNTS The close of the For the balance due year in which the on a mutual, open last item admitted and current account, or proved is Three 1 where there have entered in the years been reciprocal account; such demands between year to be the parties. computed as in the account. When the account is, during the continuance of the agency, Against a factor for Three demanded and 2 an account. years refused or, where no such demand is made, when the agency terminates. When the account is, during the By a principal continuance of against his agent for the agency, movable property Three demanded and 3 received by the latter years refused or, where and not accounted no such demand for. is made, when the agency terminates. Other suits by When the neglect principals against Three or misconduct 4 agents for neglect or years becomes known misconduct. to the plaintiff. Indian Kanoon - http://indiankanoon.org/doc/106433136/ 11  The Limitation Act, 1963 For an account and a share of the profits Three The date of the 5 of a dissolved years dissolution. partnership. PART II--SUITS RELATING TO CONTRACTS The end of the For a Seaman's Three voyage during 6 wages. years which the wages are earned. For wages in the Three When the wages 7 case of any other years accrue due person. For the price of food or drink sold by the Three When the food or 8 keeper of a hotel, years drink is delivered. tavern or lodging house. For the price of Three When the price 9 lodging. years becomes payable. Against a carrier for compensation for Three When the loss or 10 losing or injuring years injury occurs. goods. Against a carrier for compensation for When the goods Three 11 non-delivery of, or ought to be years delay in delivering delivered. goods. For the hire of animals, vehicles, Three When the hire 12 boats or house-hold years becomes payable. furniture. For the balance of When the goods money advanced in Three 13 ought to be payment of goods to years delivered. be delivered. 14 For the price of Three The date of the goods sold and years delivery of the delivered where no goods. fixed period of credit Indian Kanoon - http://indiankanoon.org/doc/106433136/ 12  The Limitation Act, 1963 is agreed upon. For the price of goods sold and delivered to be paid Three When the period 15 for after the expiry years of credit expires. of a fixed period of credit. For the price of goods sold and When the period delivered to be paid Three 16 of the proposed for by a bill of years bill elapses. exchange, no such bill being given. For the price of trees or growing crops sold by the plaintiff Three The date of the 17 to the defendant years. sale. where no fixed period of credit is agreed upon. For the price of work done by the plaintiff for the defendant at Three When the work is 18 his request, where years done. no time has been fixed for payment. For money payable Three When the loan is 19 for money lent. years made. Like suit when the lender has given a Three When the cheque 20 cheque for the years is paid. money. For money lent under an agreement Three When the loan is 21 that it shall be years made. payable on demand. 22 For money Three When the deposited under an years demand is made. agreement that it shall be payable on demand, including money of a customer in the hands of his Indian Kanoon - http://indiankanoon.org/doc/106433136/ 13  The Limitation Act, 1963 banker so payable. For money payable to the plaintiff for Three When the money 23 money paid for the years is paid. defendant. For money payable by the defendant to the plaintiff for Three When the money 24 money received by years is received. the defendant, for the plaintiff's use. For money payable for interest upon Three When the interest 25 money due from the years becomes due. defendant to the plaintiff. When the accounts are stated in writing signed by the defendant or his For money payable agent duly to the plaintiff for authorised in this money found to be behalf, unless due from the Three 26 where the debt is, defendant to the years by a simultaneous plaintiff on accounts agreement in stated between writing signed as them. aforesaid, made payable at a future time, and then when that time arrives. For compensation for breach of a When the time promise to do specified arrives anything at a Three 27 or the specified.time, or years contingency upon the happening happens. of a specified contingency. 28 On a single bond, Three The day so where a day is years specified. Indian Kanoon - http://indiankanoon.org/doc/106433136/ 14  The Limitation Act, 1963 specified for payment. On a single bond, The date of Three 29 where no such day is executing the years specified. bond. When the On a bond subject to Three 30 condition is a condition. years broken. On a bill of exchange or promissory note Three When the bill or 31 payable at a fixed years note falls due. time after date. On a bill of exchange payable at sight, or Three When the bill is 32 after sight, but not at years presented. a fixed time. On a bill of exchange When the bill is Three 33 accepted payable at presented at that years a particular place. place. On a bill of exchange or promissory note Three When the fixed 34 payable at a fixed years time expires. time, after sight or after demand. On a bill of exchange or promissory note payable on demand and not Three The date of the 35 accompanied by any years bill or note. writing restraining or postponing the right to sue. The expiration of the first term of payment as to the On a promissory part then payable; note or bond Three 36 and for the other payable by years parts, the installments. expiration of the respective terms of payment. 37 On a promissory Three When the default Indian Kanoon - http://indiankanoon.org/doc/106433136/ 15  The Limitation Act, 1963 note or bond years is made, unless payable by where the payee installments, which or obligee waives provides that, if the benefit of the default be made in provision and payment of one or then when fresh more installments, default is made in the whole shall be respect of which due. there is no such waiver. On a promissory note given by the maker to a third The date of the person to be Three 38 delivery to the delivered to the years payee. payee after a certain event should happen. On a dishonoured foreign bill where Three When the notice 39 protest has been years is given. made and notice given. By the payee against the drawer of a bill of exchange, which Three The date of the 40 has been years refusal to accept. dishonoured by non-acceptance. When the By the acceptor of an Three acceptor pays the 41 accommodation bill years amount of the against the drawer. bill. By a surety against Three When the surety 42 the principal debtor. years pays the creditor. When the surety By a surety against a Three pays anything in 43 co-surety. years excess of his own share. 44 (a) On a policy of Three The date of the insurance when the years death of the sum insured is deceased, or payable after proof where the claim Indian Kanoon - http://indiankanoon.org/doc/106433136/ 16  The Limitation Act, 1963 of the death has on the policy is been given to or denied, either received by the partly or wholly, insurers. the date of such denial. The date of the (b)On a policy of occurrence insurance when the causing the loss, sum insured is or where the Three payable after proof claim on the years of the loss has been policy is denied, given to or received either partly or by the insurers. wholly, the date of such denial. By the assured to recover premia paid When the under a policy Three 45 insurers elect to voidable at the years avoid the policy. election of the insurers. Under the Indian Succession Act, 1925 (39 of 1925), section 36p or section 361, The date of the to compel a refund Three 46 payment or by a person to whom years distribution. an executor or administrator has paid a legacy or distributed assets. For money paid upon an existing Three The date of the 47 consideration which years failure. afterwards fails. 48 For contribution by Three The date of the a party who has paid years payment in excess the whole or more of the plaintiff's than his share of the own share. amount due under a joint decree, or by a sharer in a joint estate who has paid the whole or more Indian Kanoon - http://indiankanoon.org/doc/106433136/ 17  The Limitation Act, 1963 than his share of the amount of revenue due from himself and his co-sharers. By a co-trustee to enforce against the When the right to Three 49 estate of a deceased contribution years trustee a claim for accrues. contribution. By the manager of a joint estate of an undivided family for contribution, in Three The date of the 50 respect of a payment years payment. made by him on account of the estate. For the profits of immovable property belonging to the Three When the profits 51 plaintiff which have years are received. been wrongfully received by the defendant. Three Where the arrears 52 For arrears of rent. years become due. The time fixed for completing the By a vendor of sale, or (where immovable property the title is Three 53 for personal accepted after the years payment of unpaid time fixed for purchase-money. completion) the date of the acceptance. The date fixed for the performance, or, if no such date For specific Three is fixed, when the 54 performance of a years plaintiff has contract. notice that performance is refused. Indian Kanoon - http://indiankanoon.org/doc/106433136/ 18  The Limitation Act, 1963 When the contract is broken or (where there are successive For compensation breaches) when for the breach of any the breach in contract, express or Three 55 respect of which implied not herein years the suit is specially provided instituted occurs for. or (where the breach is continuing) when it ceases. PART III--SUITS RELATING TO DECLARATIONS To declare the When the issue or forgery of an Three registration 56 instrument issued or years becomes known registered. to the plaintiff. To obtain a When the alleged declaration that an Three adoption becomes 57 alleged adoption is years known to the invalid, or never, in plaintiff. fact, took place. To obtain any other Three When the right to 58 declaration. years sue first accrues. PART IV--SUITS RELATING TO DECREES AND INSTRUMENTS When the facts entitling the plaintiff to have To cancel or set the instrument or aside an instrument Three decree cancelled 59 or decree or for the years or set aside or the rescission of a contract contract. rescinded first become known to him. 60 To set aside a Indian Kanoon - http://indiankanoon.org/doc/106433136/ 19  The Limitation Act, 1963 transfer of property made by the guardian of a ward - (a) by the ward who Three When the ward has attained Years attains majority. majority. (b) by the ward's legal representative-- (i) When the ward dies within three Three When the ward years from the date years attains majority. of attaining majority. (ii) When the ward Three When the ward dies before attaining Years dies. majority. PART V--SUITS RELATING TO IMMOVABLE PROPERTY 61 By a mortgagor -- When the right to (a) to redeem or redeem or to recover possession Thirty recover of immovable years possession property mortgaged. accrues. (b) to recover possession of immovable property mortgaged and When the transfer Twelve afterwards becomes known year transferred by the to the plaintiff. mortgagee for a valuable consideration. (c) to recover When the surplus collections mortgagor received by the Three re-enters on the mortgagee after the years mortgaged mortgage has been property. satisfied. 62 Indian Kanoon - http://indiankanoon.org/doc/106433136/ 20  The Limitation Act, 1963 To enforce payment Twelve When the money of money secured by years sued for becomes a mortgage or due. otherwise charged upon immovable property. 63 By a mortgagee-- When the money Thirty secured by the (a) for foreclosure. years mortgage becomes due. When the (b) for possession of Twelve mortgagee immovable property year becomes entitled mortgaged. to possession. For possession of immovable property based on previous possession and not Twelve The date of 64 on title, when the year dispossession. plaintiff while in possession of the property has been dispossessed. For possession of When the immovable property possession of the Twelve 65 or any interest defendant years therein based on becomes adverse title. to the plaintiff. 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, Indian Kanoon - http://indiankanoon.org/doc/106433136/ 21  The Limitation Act, 1963 reversioner or devisee, as the case may be, falls into possession; (b) where the suit is by a Hindu or Muslim entitled to the possession of immovable property on the death of a Hindu or Muslim female, the possession of the defendant shall be deemed to become adverse only when the female dies; (c) where the suit is by a purchaser at a sale in execution of a decree when the judgment-debtor was out of possession at the date of the sale, the purchaser shall be deemed to be a representative of the judgment-debtor who was out of possession. STATE AMENDMENTS 1Bihar: In Article 65, in the second column, following words shall be added at the end, namely:-- "but 30 years in respect of immovable property belonging to a member of the Schedule Tribes as specified in Part III to the Schedule to the Constitution (Scheduled Indian Kanoon - http://indiankanoon.org/doc/106433136/ 22  The Limitation Act, 1963 Tribes) Order, 1950". 2Orissa: In Article 65, second column, following words shall be added at the end, namely:-- but thirty years in relation to immovable property belonging to a member of a Scheduled Tribe specified in respect of the State of Orissa in the Constitution (Scheduled Tribes) Order, 1950. For possession of immovable property When the when the plaintiff forfeiture is has become entitled Twelve 66 incurred or the to possession by years condition is reason of any broken. forfeiture or breach of condition. By a landlord to Twelve When the tenancy 67 recover possession years is determined. from a tenant. PART VI--SUITS RELATING TO MOVABLE PROPERTY When the person For specific movable having the right property lost, or to the possession acquired by theft, or Three 68 of the property dishonest years first learns in misappropriation or whose possession conversion. it is. When the For other specific Three 69 property is movable property. years wrongfully taken. To recover movable property deposited The date of Three 70 or pawned from a refusal after years depository or demand. pawnee. 71 Indian Kanoon - http://indiankanoon.org/doc/106433136/ 23  The Limitation Act, 1963 To recover movable Three When the sale property deposited years becomes known or pawned and to the plaintiff. afterwards bought from the depository or pawnee for a valuable consideration. PART VII--SUITS RELATING TO TORT For compensation for doing or for omitting to do an act alleged to be in When the act or pursuance of any 72 One year omission takes enactment in force place. for the time being in the territories to which this Act extends. For compensation When the 73 for false One year imprisonment imprisonment ends. When the plaintiff is For compensation acquitted or the 74 for a malicious One year prosecution is prosecution. otherwise terminated. For compensation When the libel 75 One year for libel. is published. When the words are spoken or, if the words are For compensation not actionable 76 One year for slander. in themselves, when the special damage complained of results. 77 One year Indian Kanoon - http://indiankanoon.org/doc/106433136/ 24  The Limitation Act, 1963 For compensation When the loss for loss of service occurs. occasioned by the seduction of the plaintiff's servant or daughter. For compensation for inducing a The date of the 78 person to break a One year breach. contract with the plaintiff. For compensation for an illegal, The date of the 79 One year irregular or distress. excessive distress. For compensation for wrongful seizure The date of the 80 One year of movable property seizure. under legal process. By executors, administrators or The date of the representatives death of the 81 under the Legal One year person Representatives' wronged. Suits Act, 1855 (12 of 1855). By executors, administrators or The date of the representatives 82 Two years death of the under the Indian person killed. Fatal Accidents Act, 1855 (13 of 1855). Under the Legal Representatives' When the Suits Act, 1855 (12 of wrong 83 1855) against an Two years complained of executor, an is done. administrator or any other representative. 84 Against one who, Two years When the having a right to use perversion first property for specific becomes known purposes, perverts it to the person Indian Kanoon - http://indiankanoon.org/doc/106433136/ 25  The Limitation Act, 1963 to other purposes. injured thereby. For compensation for obstructing a Three The date of the 85 way or a water years obstruction. course. For compensation Three The date of the 86 for diverting a years diversion. watercourse. For compensation Three The date of the 87 for trespass upon years trespass. immovable property. For compensation for infringing Three The date of the 88 copyright or any years infringement. other exclusive privilege. Three When the waste 89 To restrain waste. years begins. For compensation for injury caused by Three When the 90 an injunction years injunction ceases. wrongfully obtained. When the person having the right to the possession Three 91 For compensation, -- of the property years first learns in whose possession it is. (a) for wrongfully taking or detaining any specific movable property lost, or acquired by theft, or dishonest misappropriation, or conversion. (b) for wrongfully Three When the taking or injuring or years property is wrongfully detaining wrongfully taken any other specific or injured, or movable property. when the Indian Kanoon - http://indiankanoon.org/doc/106433136/