THE LIMITATION ACT, 1963

What does the Preamble of Limitation Act states?

An Act to consolidate and amend the law for the limitation of suits and other proceedings and for purposes connected therewith.

What type of law is the Limitation Act?

Procedural or Adjective law.

In which case the Supreme Court held that the ‘Limitation Act’ is basically a piece of adjective or procedural law and not substantive law?

A.S. Krishnappa Chettair v. Nahiappa Chettiar (1964)

Is Limitation Act "lex loci" or "lex fori"?

Lex Fori (the law of the court in which a proceeding is brought)

What is the purpose of Limitation Act?

"interest reipublicae ut sit finis litium," 

What is the meaning of the maxim "interest reipublicae ut sit finis litium,"?

‘it is in the interest of the state that there be an end to litigation’

On which maxim Limitation Act is based?

“vigilantibus non dormientibus jura subveniunt”

What is the meaning of the maxim “vigilantibus non dormientibus jura subveniunt”?

Law will assist those who are vigilant with their rights and not those who sleep there upon.

How many total parts are there in Limitation Act?

5 Parts

How many total sections are there in Limitation Act?

32 Sections

How many total Articles in the Act which provide for periods of limitation?

137 Articles

PART I

PRELIMINARY

Which provision deal with “Short title, extent and commencement”?

Sec 1(1)

Limitation Act extends to?

‘the whole of India’

On which date Limitation Act came into force?

1st January, 1964

Which provision of Limitation Act deals with definition clause?

Sec 2

Which provision defines “applicant”?

Sec 2(a)

Whether the term “applicant” includes ‘petitioner’?

No

Who are included in the term “applicant”?

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

Which provision defines “application”?

Sec 2(b)

What is included in the term “application”?

a petition

Which provision defines “bill of exchange”

Sec 2(c)

What are included in the term “bill of exchange”?

a hundi and a cheque

Which provision defines “bond”?

Sec 2(d)

What is included in the term “bond”?

any instrument whereby a person obliges himself to pay money to another,

if a specified act is performed, or is not performed, as the case may be

Which provision defines “defendant”?

Sec 2(e)

Who are included in the term “defendant”?

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

Which provision defines “easement”?

Sec 2(f)

Whether right of easement arises from contract?

No

What does the term “easement” mean?

a right 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

Which provision defines “foreign country”?

Sec 2(g)

What is the meaning of the term “foreign country”?

any country other than India

Which provision defines “good faith”?

Sec 2(h)

What does it mean to act in “good faith”?

If done with due care and attention.

Which provision defines “plaintiff”?

Sec 2(h)

Who are included in the term “plaintiff”?

i. any person

     from or through whom a plaintiff derives his           right to sue;      

ii. any person

     whose estate is represented by the plaintiff as       executor, administrator or other                               representative

Which provision defines “period of limitation”?

Sec 2(j)

How is the “period of limitation” computed?

by the Schedule

What does “period of limitation” mean?

the period of limitation prescribed for any suit, appeal or application by the Schedule

Which provision defines “prescribed period”?

Sec 2(j)

How is the “prescribed period” computed?

in accordance with the provisions of this Act

What does “prescribed period” mean?

the period of limitation computed in accordance with the provisions of this Act

Which provision defines “promissory note”?

Sec 2(k)

What does the term “promissory note” includes?

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

Which provision defines “suit”?

Sec 2(l)

What does the term “suit” not included?

an appeal or an application

Which provision defines “tort"?

Sec 2(m)

What does the term “tort” mean?

a civil wrong

 which is not exclusively

  the breach of a contract or

  the breach of a trust

What does the term “tort" not included?

the breach of a contract or

the breach of a trust

Which provision defines “trustee”?

Sec 2(n)

What does the term “trustee "not included?

a benamidar,      

a mortgagee remaining in possession after the mortgage has been satisfied or  a person in wrongful possession without title

PART II

LIMITATION OF SUITS, APPEALS AND APPLICATIONS

Which Part of the Limitation Act deals with “LIMITATION OF SUITS, APPEALS AND APPLICATIONS”?

Part II

How many total section Part II of Limitation Act contains?

9 sections (sec 3 to sec 11)

Which provision deals with “Bar of limitation”?

Sec 3

Whether sec 3 applies to execution?

No

To which proceedings the bar under section 3 of Limitation Act applies?

suit, appeal, and application

What is the effect of a suit being barred by time under Section 3?

The suit is dismissed.

What is the core principle of Section 3 of the Limitation Act?

It mandates the dismissal of any suit filed after the prescribed period

According to Section 3, a suit instituted after the prescribed period will be dismissed, irrespective of whether?

The defendant has raised a plea of limitation.

When can the suit, appeal and application be dismissed?

If the suit instituted, appeal preferred, and application made

      after the prescribed period

When can suit is instituted in an ordinary case?

when the plaint is presented to the proper officer

When can suit is instituted in the case of a pauper?

when his application for leave to sue as a pauper is made

When can suit is instituted 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

How the claim is treated by way of a set off or a counter claim?

as a separate suit

When can claim of a set off deemed to be instituted?

on the same date as the suit in which the set off is pleaded

When can claim of a counter claim deemed to be instituted?

on the date on which the counter claim is made in court

When an application by notice of motion in a High Court is made?

When the application is presented to the proper officer of that court.

Which provision provides that “the law of limitation only bars the judicial remedy and does not extinguish the right”?

Sec 3

Which provision deals with “Expiry of prescribed period when court is closed”?

Sec 4

To what proceeding section 4 of Limitation Act applies?

suit, appeal or application

The purpose of Section 4 is to?

Prevent the loss of legal rights due to a closed court.

On which day the suit, appeal or application may be instituted, preferred or made if the court is closed and the prescribed period expires?

When the court re-opens.

When does the Court deemed to be closed?

on any day if during any part of its normal working hours

    it remains closed on that day

Which provision states “Extension of prescribed period in certain cases”?

Sec 5

To what proceeding section 5 of Limitation Act applies?

appeal or application

To what proceeding section 5 of Limitation Act does not apply?

Suits and application of Order XXI of the Code of Civil Procedure, 1908.

Whether an appeal and application may be admitted after prescribed period under section 5?

Yes

When can an appeal and application may be admitted after prescribed period under section 5?

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.

Which sufficient cause provided under sec 5 to satisfy the court for not preferring appeal and application within prescribed period?

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

Which provision deal with the concept of “condonation of delay”?

Sec 5

What does “condonation of delay” mean?

the act of condoning the delay in filing an appeal or application by the respective courts.

In which case the Supreme Court held that “the legislature has conferred the power to condone delay by enacting Section 5 of the Limitation Act of 1963, in order to enable the courts to do substantial justice to parties by disposing of matters on merits”?

Raheem Shah & Anr. v. Govind Singh & Ors. (2023)

Which provision deals with “Legal disability”?

Sec 6

What are the types of disabilities provided under sec 6 ?

minor or insane, or an idiot

To what proceeding section 6 of Limitation Act does not apply?

Appeals

To what proceeding section 6 of Limitation Act does apply?

suit or an application execution of a decree

The purpose of Section 6 of the Limitation Act is to?

Prevent the running of the limitation period for a person with a legal disability

When can a person institute the suit or make an application if he is a minor or insane, or an idiot, at the time from which the prescribed period is to be reckoned?

he may institute the suit or make the application within the same period

after the disability has ceased

When can a person institute the suit or make an application if he is affected by two such disabilities, or where, before his disability has ceased, he is affected by another disability at the time from which the prescribed period is to be reckoned?

may institute the suit or make the application within the same period after both disabilities have ceased

What will be the consequences if the disability continues up to the death of that person?

his legal representative may

institute the suit or make the application

What will be the consequences if the legal representative affected by any such disability at the date of the death of the person whom he represents?

he may institute the suit or make the application

     after the disability has ceased or

     if he is affected by two such disabilities then         after both disabilities have ceased.

What will be the consequences if a person under disability dies after the disability ceases but within the prescribed period?

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.

What does the term ‘minor’ includes For the purposes of section 6?

a child in the womb.

Who is entitled to the benefit of Section 6?

a person “entitled to the suit” can claim benefit of legal disability i.e., the ‘Legal Representative’ of such person.

In which case the concept of insanity has been dealt with in detail by the Supreme Court and the court opined that “only legal insanity is recognized by law and not the medical insanity”?

S.K.Yadav v. State of Maharashtra (2009)

In which case the Supreme Court categorized insanity into further four categories such as an idiot, non compos by illness, a lunatic or a mad man and  one is drunk?

Hari Singh Gond v. State of Madhya Pradesh (2008)

Which provision deals with “Disability of one of several persons”?

Sec 7

What will be the consequence if 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

What will be the consequence if 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 no such discharge can be given without the concurrence of such person?

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.

Whether section 7 applies to a discharge from every kind of liability, including a liability in respect of any immovable property?

Yes

Whether 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?

Yes (if he is in management of the joint family property)

A incurs a debt to a firm of which B, C and D are partners. B is insane and C is a minor. D can give a discharge of the debt without the concurrence of B and C?

Time runs against B, C and D.

A incurs a debt to a firm of which E, F and G are partners. E and F are insane, and G is a minor?

Time will not run against any of them until either E or F becomes sane, or G attains majority.

Which provision deals with “Special exceptions”?

Sec 8

What is the maximum limitation period to be extended under Section 6 or 7?

three years

For which suit the extension under Section 6 or 7 will not be applicable?

suits for pre-emption.

Which provision deal with “Continuous running of time”?

Sec 9

What will be the consequences once the period of limitation begins to run?

no subsequent disability or inability to institute a suit or make an application stops it

Under Section 9 of the Limitation Act, 1963, what is the effect of a disability on the running of the limitation period once it has begun?

The disability does not stop the running of the period of limitation.

What is the exception to the general rule that once the period of limitation has begun to run, it continues to run uninterruptedly, even if a subsequent disability or inability to institute a suit arises?

The only exception to this rule is where the creditor's estate is administered by the debtor, in which case the running of the period of limitation is suspended.

Which provision deal with “Suits against trustees and their representatives”?

Sec 10

What is the main focus of Section 10 of the Limitation Act?

Suits against trustees and their representatives

When will under Section 10, a suit against a trustee is barred?

The trustee has not acknowledged the trust

What will be the effect if any property comprised in a Hindu, Muslim or Buddhist religious or charitable endowment under section 10?

deemed to be property vested in trust for a specific purpose and

the manager of the property shall be deemed to be the trustee

Which provision deal with “Suits on contracts entered into outside the territories to which the Act extends”?

Sec 11

According to Section 11, suits on contracts made outside India are subject to which limitation rules?

The rules of the Indian Limitation Act, 1963

In a suit on a contract made in Jammu and Kashmir, filed in India, what is the effect of a limitation rule in Jammu and Kashmir?

the Jammu and Kashmir limitation rule is not a valid defense, unless it has led to the extinguishment of the contract

What is the primary purpose of Section 11 of the Limitation Act?

To ensure that suits on contracts made outside India are subject to the same limitation rules as those made within India

PART III

COMPUTATION OF PERIOD OF LIMITATION

Which provision deal with “Exclusion of time in legal proceedings”?

Sec 12

To what proceeding section 12 of Limitation Act does apply?

any suit, appeal or application

Which day is excluded in computing the period of limitation for

any suit, appeal or application under section 12?

the day from which such period is to be reckoned, shall be excluded.

Which day and how much time is excluded 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.

How much time is excluded in computing the period of limitation 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.

How much time is excluded 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.

Which time is not excluded in computing the period of limitation 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.

Which provision deal with “Exclusion of time in cases where leave to sue or appeal as a pauper is applied for”?

Sec 13

How much time is excluded in computing the period of limitation 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

How will the court treat the suit or appeal if the leave to sue or appeal as a pauper has been rejected?

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.

Which days are excluded If a person applies for leave to sue as a pauper on January 1, 2021, and the court grants leave on February 1, 2021?

the 31 days spent in obtaining leave are excluded from the limitation period.

If the limitation period for the suit is three years, and the cause of action arose on January 1, 2020, the period from January 1, 2023, to February 1, 2023, is not counted.

The limitation period resumes from February 2, 2023.

Which provision deal with “Exclusion of time of proceeding bona fide in court without jurisdiction”?

Sec 14

How much time is excluded in computing the period of limitation for any suit 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?

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.

How much time is excluded in computing the period of limitation for any application 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?

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

Which days are counted in computing the period of limitation for the purpose of sec 14 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

What is deemed to be a cause of like nature in computing the period of limitation under section 14?

misjoinder of parties or of causes of action

What is the primary purpose of Section 14 of the Limitation Act?

To exclude time spent in a civil proceeding, even in a wrong forum

Can Section 14 be used to exclude time spent in pursuing a criminal proceeding?

No, it is only applicable to civil proceedings.

Which provision deal with “Exclusion of time in certain other cases”?

Sec 15

How much time is excluded in computing the period of limitation  for 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.

If a suit is stayed by an injunction and then the injunction is withdrawn, when does the limitation period resume?

Immediately after the injunction is withdrawn.

How much time is excluded in computing the period of limitation  in computing the period of limitation for any suit of which notice has been given, or which the previous consent or sanction of the Government or any other authority is required?

the period of such notice or, as the case may be, the time required for obtaining such consent or sanction

                 shall be excluded.

Which days are counted in computing the period of limitation 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.

How much time is excluded in computing the period of limitation for any suit or application for execution of a decree by any receiver or interim receiver appointed in proceedings for the adjudication of a person as an insolvent or by any liquidator or provisional liquidator appointed in proceedings for the winding up of a company?

the period beginning with the date of institution of such proceeding and

ending with the expiry of three months from the date of appointment of such receiver or liquidator, as the case may be,

                  shall be excluded.

How much time is excluded 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.

Whether 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?

Yes

Which provision deal with “Effect of death on or before the accrual of the right to sue”?

Sec 16

What will be the consequences 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.

What will be the consequences 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

Section 16 of Limitation Act does not apply to which suits?

To suits to enforce rights of pre-emption or to suits for the possession of immovable property or of a hereditary office.

Which provision deal with “Effect of fraud or mistake”?

Sec 17

Under Section 17 of the Limitation Act, what is the effect of fraud or mistake on the limitation period?

The limitation period is extended until the date of discovery of fraud or mistake.

What are the grounds for extending the limitation period under Section 17?

Fraud, Mistake, Misrepresentation

What is the purpose of Section 17?

To prevent injustice caused by the expiry of the limitation period in cases of Fraud, Mistake, Misrepresentation.

When does the limitation period start running under Section 17?

From the date the fraud or mistake was discovered.

Section 17 applies to which type of suits?

All suits where the right of action is affected by fraud or mistake.

What is the time limit available to judgment-creditor for making an application if the judgment-debtor by fraud or force prevented the execution of a decree or order within the period of limitation?

within one year from the date of the discovery of the fraud or the cessation of force

Which provision deal with “Effect of acknowledgment in writing”?

Sec 18

According to Section 18 of the Limitation Act, a written acknowledgment of liability must be

Documented and signed by the party against whom the claim is made

What is the effect of a written acknowledgment of liability made before the expiry of the limitation period under Section 18 of the Limitation Act?

A new period of limitation starts from the date the acknowledgment was signed

Can an acknowledgment be made by an agent duly authorized by the person liable under Section 18?

Yes, if the agent is authorized to make the acknowledgment

If a written acknowledgment is made after the prescribed period of limitation, what is the effect under Section 18?

It has no effect

What are the requirements for a valid acknowledgment under Section 18?

It must be in writing

It must be signed by the party liable

It must acknowledge the liability

Section 18 of the Limitation Act applies to

Only suits and applications in respect of property or right

Whether the oral evidence may be given where the writing containing the acknowledgment is undated?

Yes

But subject to the provisions of the Indian Evidence Act, 1872 (1 of 1872) and now Bharatiya Sakshya Adhiniyam, 2023

What does the word “signed” mean under section 18 of Limitation Act?

the word “signed” means signed either personally or by an agent duly authorised in this behalf

Whether an application for the execution of a decree or order shall be deemed to be an application in respect of any property or right under section 18 of Limitation Act?

No

Which provision deal with “Effect of payment on account of debt or of interest on legacy”?

Sec 19

Under Section 19 of the Limitation Act, what effect does a payment towards a debt have on the limitation period

It restarts the limitation period from the date of the payment.

What is the significance of Section 19 of the Limitation Act?

It regulates the effect of an acknowledgment of liability on the limitation period.

Does Section 19 apply to payments made after the limitation period has already expired?

No, it only applies to payments made before the period has expired.

Whether the receipt of rent or produce from mortgaged land by the mortgagee is considered a payment for the purposes of Section 19?

Yes

What does the term “debt” not include for the purposes of section 19?

debt” does not include

money payable under a decree or order of a court.

Which provision deal with “Effect of acknowledgment or payment by another person”?

Sec 20

What does the expression “agent duly authorised in this behalf” in sections 18 and 19 denotes?

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.

Whether section 20 renders one of several joint contractors, partners, executors or mortgagees to be 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?

No

What will be the effect of 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.

What will be the effect 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?

the manager of the family for the time being shall be deemed to have been made on behalf of the whole family.

Which provision deal with “Effect of substituting or adding new plaintiff or defendant?

Sec 21

What will be the effect 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:

What will be the effect 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.

Whether sec 21(1) will 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?

No

Which provision deal with “Continuing breaches and torts”?

Sec 22

When will period of limitation begins to run in the case of a continuing breach of contract or in the case of a continuing tort?

at every moment of the time during which the breach or the tort, as the case may be, continues

Which provision deal with “Suits for compensation for acts not actionable without special damage”?

Sec 23

From which time the period of limitation computed 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?

the period of limitation shall be computed from the time when the injury results

Which provision deal with “Computation of time mentioned in instruments”?

Sec 24

Which calendar is used for computing time under Section 24 of the Limitation Act?

the Gregorian calendar.

PART IV

ACQUISITION OF OWNERSHIP BY POSSESSION

Which provision deal with “Acquisition of easements by prescription”?

Sec 25

What is the period of continuous adverse possession required to acquire ownership of government land?

thirty years

How does the right be deemed where the access and use of light or air, way, watercourse, use of water, or other easement have been peaceably enjoyed without interruption, and for twenty years?

shall be absolute and indefeasible

What is ‘an interruption’ denotes under section 25?

where there is an actual discontinuance of the possession or enjoyment and  such obstruction is submitted to or acquiesced in for one year after the claimant has notice.

Which provision deal with “Exclusion in favour of reversioner of serivent tenement”?

Sec 26

Which provision of Limitation Act protects the reversioner (the person who will inherit the property later) from having their property burdened with an easement that was enjoyed only during a limited interest in the land?

SEC 26

Which provision deal with “Extinguishment of right to property”?

Sec 27

Under Section 27, when does a person lose their right to a property?

When the period of limitation for filing a suit for possession has expired

What is the main purpose of Section 27 in the Limitation Act?

To ensure that property disputes are resolved within a reasonable timeframe.

Which section is an exception to the general rule that “the law of limitation only bars the remedy but does not bar the right itself”.

Sec 27

Which section deals with “Adverse possession”

Sec 27

PART V

MISCELLANEOUS

By which amending Act section 28 of Limitation Act, 1963 was repealed?

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

Which provision deal with “Savings”?

Sec 29

Whether Limitation Act, 1963 shall affect section 25 of the Indian Contract Act, 1872?

NO

What will be the consequences 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 and the provisions contained in sections 4 to 24 (inclusive) shall apply to the extent to which, they are not expressly excluded by such special or local law.

Whether Limitation Act, 1963 apply to any suit or other proceeding under any law for the time being in force with respect to marriage and divorce?

No

To what extend the Sections 25 and 26 of Limitation Act and the definition of “easement” in section 2 shall not apply?

to cases arising in the territories to which the Indian Easements Act, 1882 (5 of 1882), may for the time being extend.

Which provision deal with “Provision for suits, etc., for which the prescribed period is shorter than the period prescribed by the Indian Limitation Act, 1908”?

Sec 30

Which provision deal with “Provisions as to barred or pending suits, etc”?

Sec 31

Whether the Limitation Act, 1963 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 expired before the commencement of Limitation Act, 1963?

No

Whether the Limitation Act, 1963 affect any suit, appeal or application instituted, preferred or made before, and pending at, the commencement of Limitation Act, 1963?

No

By which amending Act section 32 of Limitation Act, 1963 was repealed?

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

THE SCHEDULE

(PERIODS OF LIMITATION)

What is the period of limitation fixed for filing a suit for the balance due on a mutual, open and current account, where there have been reciprocal demands between the parties?

Three years

What is the period of limitation fixed for filing a suit against a factor for an account?

Three years

What is the period of limitation fixed for filing a suit by a principal against his agent for movable property received by the latter and not accounted for?

Three years

What is the period of limitation fixed for filing other suits by principals against agents for neglect or misconduct?

Three years

What is the period of limitation fixed for filing a suit for an account and a share of the profits of a dissolved partnership?

Three years

What is the period of limitation fixed for filing a suit for a seaman’s wages?

Three years

What is the period of limitation fixed for filing a suit for wages in the case of any other person?

Three years

What is the period of limitation fixed for filing a suit for the price of food or drink sold by the keeper of a hotel, tavern or lodging-house?

Three years

What is the period of limitation fixed for filing a suit for the price of lodging?

Three years

What is the period of limitation fixed for filing a suit against a carrier for compensation for losing or injuring goods?

Three years

What is the period of limitation fixed for filing a suit against a carrier for compensation for non-delivery of, or delay in delivering, goods?

Three years

What is the period of limitation fixed for filing a suit for the hire of animals, vehicles, boats or household furniture?

Three years

What is the period of limitation fixed for filing a suit for the balance of money advanced in payment of goods to be delivered?

Three years

What is the period of limitation fixed for filing a suit for the price of goods sold and delivered where no fixed period of credit is agreed upon?

Three years

What is the period of limitation fixed for filing a suit for the price of goods sold and delivered to be paid for after the expiry of a fixed period of credit?

Three years

What is the period of limitation fixed for filing a suit for the price of goods sold and delivered to be paid for by a bill of exchange, no such bill being given?

Three years

What is the period of limitation fixed for filing a suit for the price of trees or growing crops sold by the plaintiff to the defendant where no fixed period of credit is agreed upon?

Three years

What is the period of limitation fixed for filing a suit for the price of work done by the plaintiff for the defendant at his request, where no time has been fixed for payment?

Three years

What is the period of limitation fixed for filing a suit for money payable for money lent?

Three years

What is the period of limitation fixed for filing a suit for Like suit when the lender has given a cheque for the money?

Three years

What is the period of limitation fixed for filing a suit for money lent under an agreement that it shall be payable on demand?

Three years

What is the period of limitation fixed for filing a suit for money deposited under an agreement that it shall be payable on demand, including money of a customer in the hands of his banker so payable?

Three years

What is the period of limitation fixed for filing a suit for money payable to the plaintiff for money paid for the defendant?

Three years

What is the period of limitation fixed for filing a suit for money payable by the defendant to the plaintiff for money received by the defendant, for the plaintiff's use?

Three years

What is the period of limitation fixed for filing a suit for money payable for interest upon money due from the defendant to the plaintiff?

Three years

What is the period of limitation fixed for filing a suit for money payable to the plaintiff for money found to be due from the defendant to the plaintiff on accounts stated between them?

Three years

What is the period of limitation fixed for filing a suit for compensation for breach of a promise to do anything at a specified time, or upon the happening of a specified contingency?

Three years

What is the period of limitation fixed for filing a suit for a single bond, where a day is specified for payment?

Three years

What is the period of limitation fixed for filing a suit for a single bond, where no such day is specified?

Three years

What is the period of limitation fixed for filing a suit for a bond subject to a condition?

Three years

What is the period of limitation fixed for filing a suit for a bill of exchange or promissory note payable at a fixed time after date?

Three years

What is the period of limitation fixed for filing a suit for a bill of exchange payable at sight, or after sight, but not at a fixed time?

Three years

What is the period of limitation fixed for filing a suit for a bill of exchange accepted payable at a particular place?

Three years

What is the period of limitation fixed for filing a suit for a bill of exchange or promissory note payable at a fixed time after sight or after demand?

Three years

What is the period of limitation fixed for filing a suit for a bill of exchange or promissory note payable on demand and not accompanied by any writing restraining or postponing the right to sue?

Three years

What is the period of limitation fixed for filing a suit for a promissory note or bond payable by instalments?

Three years

What is the period of limitation fixed for filing a suit for a promissory note or bond payable by instalments, which provides that, if default be made in payment of one or more instalments, the whole shall be due?

Three years

What is the period of limitation fixed for filing a suit for a promissory note given by the maker to a third person to be delivered to the payee after a certain event should happen?

Three years

What is the period of limitation fixed for filing a suit for a dishonoured foreign bill where protest has been made and notice given?

Three years

What is the period of limitation fixed for filing a suit by the payee against the drawer of a bill of exchange, which has been dishonoured by non-acceptance?

Three years

What is the period of limitation fixed for filing a suit by the acceptor of an accommodation-bill against the drawer?

Three years

What is the period of limitation fixed for filing a suit by a surety against the principal debtor?

Three years

What is the period of limitation fixed for filing a suit for by a surety against a co-surety?

Three years

What is the period of limitation fixed for filing a suit for a policy of insurance when the sum insured is payable after proof of the death has been given to or received by the insurers?

Three years

What is the period of limitation fixed for filing a suit for a policy of insurance when the sum insured is payable after proof of the loss has been given to or received by the insurers?

Three years

What is the period of limitation fixed for filing a suit by the assured to recover premia paid under a policy voidable at the election of the insurers?

Three years

What is the period of limitation fixed for filing a suit under the Indian Succession Act, 1925 (39 of 1925), section 360 or section 361, to compel a refund by a person to whom an executor or administrator has paid a legacy or distributed assets?

Three years

What is the period of limitation fixed for filing a suit for money paid upon an existing consideration which afterwards fails?

Three years

What is the period of limitation fixed for filing a suit for contribution by a party who has paid the whole or more than his share of the amount due under a joint decree, or by a sharer in a joint estate who has paid the whole or more than his share of the amount of revenue due from himself and his co-sharers?

Three years

What is the period of limitation fixed for filing a suit by a co-trustee to enforce against the estate of a deceased trustee a claim for contribution?

Three years

What is the period of limitation fixed for filing a suit for by the manager of a joint estate of an undivided family for contribution, in respect of a payment made by him on account of the estate?

Three years

What is the period of limitation fixed for filing a suit for the profits of immovable property belonging to the plaintiff which have been wrongfully received by the defendant?

Three years

What is the period of limitation fixed for filing a suit for arrears of rent?

Three years

What is the period of limitation fixed for filing a suit for by a vendor of immovable property for personal payment of unpaid purchase-money?

Three years

What is the period of limitation fixed for filing a suit for specific performance of a contract?

Three years

What is the period of limitation fixed for filing a suit for compensation for the breach of any contract, express or implied not herein specially provided for?

Three years

What is the period of limitation fixed for filing a suit to declare the forgery of an instrument issued or registered?

Three years

What is the period of limitation fixed for filing a suit to obtain a declaration that an alleged adoption is invalid, or never, in fact, took place?

Three years

What is the period of limitation fixed for filing a suit to obtain any other declaration?

Three years

What is the period of limitation fixed for filing a suit to cancel or set aside an instrument or decree or for the rescission of a contract?

Three years

What is the period of limitation fixed for filing a suit by the ward who attained majority to set aside a transfer of property made by the guardian of a ward?

Three years

What is the period of limitation fixed for filing a suit by the ward’s legal representative when the ward dies within three years from the date of attaining majority?

Three years.

What is the period of limitation fixed for filing a suit by the ward who has attained majority when the ward dies before attaining majority?

Three years

What is the period of limitation fixed for filing a suit by a mortgagor to redeem or recover possession of immovable property mortgaged?

Thirty years

What is the period of limitation fixed for filing a suit by a mortgagor to recover possession of immovable property mortgaged and afterwards transferred by the mortgagee for a valuable consideration?

Twelve years

What is the period of limitation fixed for filing a suit by a mortgagor to recover surplus collections received by the mortgagee after the mortgage has been satisfied?

Three years

What is the period of limitation fixed for filing a suit to enforce payment of money secured by a mortgage or otherwise charged upon immovable property?

Twelve years

What is the period of limitation fixed for filing a suit by a mortgagee for foreclosure?

Thirty years

What is the period of limitation fixed for filing a suit by a mortgagee possession of immovable property mortgaged?

Twelve years

What is the period of limitation fixed for filing a suit for possession of immovable property based on previous possession and not on title, when the plaintiff while in possession of the property has been dispossessed?

Twelve years

What is the period of limitation fixed for filing a suit for possession of immovable property or any interest therein based on title?

Twelve years

What is the period of limitation fixed for filing a suit for possession of immovable property when the plaintiff has become entitled to possession by reason of any forfeiture or breach of condition?

Twelve years

What is the period of limitation fixed for filing a suit by a landlord to recover possession from a tenant?

Twelve years

What is the period of limitation fixed for filing a suit for specific movable property lost, or acquired by theft, or dishonest misappropriation or conversion?

Three years

What is the period of limitation fixed for filing a suit for other specific movable property?

Three years

What is the period of limitation fixed for filing a suit to recover movable property deposited or pawned from a depositary or pawnee?

Three years

What is the period of limitation fixed for filing a suit to recover movable property deposited or pawned, and afterwards bought from the depository or pawnee for a valuable consideration?

Three years

What is the period of limitation fixed for filing a suit for compensation for doing or for omitting to do an act alleged to be in pursuance of any enactment in force for the time being in the territories to which this Act extends?

One year

What is the period of limitation fixed for filing a suit for compensation for a malicious prosecution?

One year

What is the period of limitation fixed for filing a suit for compensation for libel?

One year

What is the period of limitation fixed for filing a suit for compensation for slander?

One year

What is the period of limitation fixed for filing a suit for compensation for loss of service occasioned by the seduction of the plaintiff’s servant or daughter?

One year

What is the period of limitation fixed for filing a suit for compensation for inducing a person to break a contract with the plaintiff?

One year

What is the period of limitation fixed for filing a suit for compensation for an illegal, irregular or excessive distress?

One year

What is the period of limitation fixed for filing a suit for compensation for wrongful seizure of movable property under legal process?

One year

What is the period of limitation fixed for filing a suit by executors, administrators or representatives under the Legal Representatives’ Suits Act, 1855 (12 of 1855)?

One year

What is the period of limitation fixed for filing a suit by executors, administrators or representatives under the Indian Fatal Accidents Act, 1855 (13 of 1855)?

Two years

What is the period of limitation fixed for filing a suit under the Legal Representatives’ Suits Act, 1855 (12 of 1855), against an executor, an administrator or any other representative?

Two years

What is the period of limitation fixed for filing a suit against one who, having a right to use property for specific purposes, perverts it to other purposes?

Two years

What is the period of limitation fixed for filing a suit for compensation for obstructing a way or a water-course?

Three years

What is the period of limitation fixed for filing a suit for compensation for diverting a water-course?

Three years

What is the period of limitation fixed for filing a suit for compensation for trespass upon immovable property?

Three years

What is the period of limitation fixed for filing a suit for compensation for infringing copyright or any other exclusive privilege?

Three years

What is the period of limitation fixed for filing a suit to restrain waste?

Three years

What is the period of limitation fixed for filing a suit for compensation for injury caused by an injunction wrongfully obtained?

Three years

What is the period of limitation fixed for filing a suit for compensation for wrongfully taking or detaining any specific movable property lost, or acquired by theft, or dishonest misappropriation, or conversion?

Three years

What is the period of limitation fixed for filing a suit for compensation for wrongfully taking or injuring or wrongfully detaining any other specific movable property?

Three years

What is the period of limitation fixed for filing a suit to recover possession of immovable property conveyed or bequeathed in trust and afterwards transferred by the trustee for a valuable consideration?

Twelve years

What is the period of limitation fixed for filing a suit to recover possession of movable property conveyed or bequeathed in trust and afterwards transferred by the trustee for a valuable consideration?

Three years

What is the period of limitation fixed for filing a suit to set aside a transfer of immovable property comprised in a Hindu, Muslim or Buddhist religious or charitable endowment, made by a manager thereof for a valuable consideration?

Twelve years

What is the period of limitation fixed for filing a suit to set aside a transfer of movable property comprised in a Hindu, Muslim or Buddhist religious or charitable endowment, made by a manager thereof for a valuable consideration?

Three years

What is the period of limitation fixed for filing a suit by the manager of Hindu, Muslim or Buddhist religious or charitable endowment to recover possession of movable or immovable properly comprised in the endowment which has been transferred by a previous manager for a valuable consideration?

Twelve years

What is the period of limitation fixed for filing a suit to enforce a right of pre-emption whether the right is founded on law or general usage or on special contract?

One year

What is the period of limitation fixed for filing a suit by a person against whom an order referred to in rule 63 or in rule 103 of Order XXI of the Code of Civil Procedure, 1908 (5 of 1908), or an order under section 28 of the Presidency Small Cause Courts Act, 1882 (15 of 1882), has been made, to establish the right which he claims to the property comprised in the order?

One year

What is the period of limitation fixed for filing a suit to set aside a sale by a civil or revenue court or a sale for arrears of Government revenue or for any demand recoverable as such arrears?

One year

What is the period of limitation fixed for filing a suit to alter or set aside any decision or order of a civil court in any proceeding other than a suit or any act or order of an officer of Government in his official capacity?

One year

What is the period of limitation fixed for filing a suit upon a judgment, including a foreign judgment, or a recognizance?

Three years

What is the period of limitation fixed for filing a suit for property which the plaintiff has conveyed while insane?

Three years

What is the period of limitation fixed for filing a suit to make good out of the general estate of a deceased trustee the loss occasioned by a breach of trust?

Three years

What is the period of limitation fixed for filing a suit to establish a periodically recurring right?

Three years

What is the period of limitation fixed for filing a suit by a Hindu for arrears of maintenance?

Three years

What is the period of limitation fixed for filing a suit for a legacy or for a share of a residue bequeathed by a testator or for a distributive share of the property of an intestate against an executor or an administrator or some other person legally charged with the duty of distributing the estate?

Twelve years

What is the period of limitation fixed for filing a suit for possession of a hereditary office?

Twelve years.

What is the period of limitation fixed for filing a suit during the life of a Hindu or Muslim female by a Hindu or Muslim who, if the female died at the date of instituting the suit, would be entitled to the possession of land, to have an alienation of such land made by the female declared to be void except for her life or until her remarriage.?

Twelve years.

What is the period of limitation fixed for filing a suit by a Hindu governed by Mitakshara law to set aside his father’s alienation of ancestral property?

Twelve years.

What is the period of limitation fixed for filing a suit by a person excluded from a joint family property to enforce a right to share therein?

Twelve years

What is the period of limitation fixed for filing a suit by or on behalf of any local authority for possession of any public street or road or any part thereof from which it has been dispossessed or of which it has discontinued the possession?

Thirty years

What is the period of limitation fixed for filing any suit (except a suit before the Supreme Court in the exercise of its original jurisdiction) by or on behalf of the Central Government or any State Government, including the Government of the State of Jammu and Kashmir?

Thirty years

What is the period of limitation fixed for filing any suit for which no period of limitation is provided elsewhere in this Schedule?

Three years

What is the period of limitation fixed for filing appeal from an order of acquittal under sub-section (1) or subsection (2) of section 417 of the Code of Criminal Procedure, 1898 (5 of 1898)?

Ninety days

What is the period of limitation fixed for filing an appeal from an order of acquittal under sub-section (3) of section 417 of Code of Criminal Procedure, 1898 (5 of 1898)?

Thirty days

What is the period of limitation fixed for filing an appeal under the Code of Criminal Procedure, 1898 (5 of 1898) from a sentence of death passed by a court of session or by a High Court in the exercise of its original criminal jurisdiction?

Thirty days

What is the period of limitation fixed for filing an appeal under the Code of Criminal Procedure, 1898 (5 of 1898) from any other sentence or any order not being an order of acquittal to the High Court?

Sixty days

What is the period of limitation fixed for filing an appeal under the Code of Criminal Procedure, 1898 (5 of 1898) from any other sentence or any order not being an order of acquittal to any other court?

Thirty days

What is the period of limitation fixed for filing an appeal under the Code of Civil Procedure, 1908 (5 of 1908) to a High Court from any decree or order?

Ninety days

What is the period of limitation fixed for filing an appeal under the Code of Civil Procedure, 1908 (5 of 1908) to any other court from any decree or order?

Thirty days

What is the period of limitation fixed for filing an appeal from a decree or order of any High Court to the same Court?

Thirty days

What is the period of limitation fixed for filing an application for leave to appear and defend a suit under summary procedure?

Ten days

What is the period of limitation fixed for filing an application under the Arbitration Act, 1940 (10 of 1940) for the filing in court of an award?

Thirty days

What is the period of limitation fixed for filing an application under the Arbitration Act, 1940 (10 of 1940) for setting aside an award or getting an award remitted for reconsideration?

Thirty days

What is the period of limitation fixed for filing an application under the Code of Civil Procedure, 1908 (5 of 1908), to have the legal representative of a deceased plaintiff or appellant or of a deceased defendant or respondent, made a party?

Ninety days

What is the period of limitation fixed for filing an application under the Code of Civil Procedure, 1908 (5 of 1908) for an order to set aside an abatement?

Sixty days

What is the period of limitation fixed for filing an application to restore a suit or appeal or application for review or revision dismissed for default of appearance or for want of prosecution or for failure to pay costs of service of process or to furnish security for costs?

Thirty days

What is the period of limitation fixed for filing an application to set aside a decree passed ex parte or to rehear an appeal decreed or heard ex parte?

Thirty days

What is the period of limitation fixed for filing an application for a review of judgment by a court other than the Supreme Court?

Thirty days

What is the period of limitation fixed for filing an application to record an adjustment or satisfaction of a decree?

Thirty days

What is the period of limitation fixed for filing an application for the payment of the amount of a decree by instalments?

Thirty days

What is the period of limitation fixed for filing an application to set aside a sale in execution of a decree, including any such application by a judgment debtor?

Sixty days

What is the period of limitation fixed for filing an application for possession by one dispossessed of immovable property and disputing the right of the decree-holder or purchaser at a sale in execution of a decree?             

Thirty days

What is the period of limitation fixed for filing an application for possession after removing resistance or obstruction to delivery of possession of immovable property decreed or sold in execution of a decree?

Thirty days

What is the period of limitation fixed for filing an application for leave to appeal as a pauper to the High Court?

Sixty days

What is the period of limitation fixed for filing an application for leave to appeal as a pauper to any other court?

Thirty days.

What is the period of limitation fixed for filing an application to any court for the exercise of its powers of revision under the Code of Civil Procedure, 1908 (5 of 1908), or the Code of Criminal Procedure, 1898 (5 of 1898)?

Ninety days

What is the period of limitation fixed for filing an application to the High Court for a certificate of fitness to appeal to the Supreme Court under clause (1) of article 132, article 133 or sub-clause (c) of clause (1) of article 134 of the Constitution or under any other law for the time being in force?

Sixty days

What is the period of limitation fixed for filing an application to the Supreme Court for special leave to appeal in a case involving death sentence?

Sixty days

What is the period of limitation fixed for filing an application to the Supreme Court for special leave to appeal in a case where leave to appeal was refused by the High Court?

Sixty days

What is the period of limitation fixed for filing an application to the Supreme Court for special leave to appeal in any other case?

Ninety days

What is the period of limitation fixed for filing an application for delivery of possession by a purchaser of immovable property at a sale in execution of a decree?

One year

What is the period of limitation fixed for filing an application for the enforcement of a decree granting a mandatory injunction?

Three years

What is the period of limitation fixed for filing an application for the execution of any decree (other than a decree granting a mandatory injunction) or order of any civil court?

Twelve years

What is the period of limitation fixed for filing an application in case of any other application for which no period of limitation is provided elsewhere in this Division?

Three years