THE LIMITATION ACT, 1963

(36 of 1963)

 

[Act as on Date  - Modified up to 1977]

 

 

          [5th October 1963]

 

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

Contents

PART I

PRELIMINARY

1.Short title, extent and commencement

2.Definitions

PART II

LIMITATION OF SUITS, APPEALS AND APPLICATIONS

3.Bar of limitation

4.Expiry of prescribed period when court is closed

5.Extension of prescribed period in certain cases

6.Legal disability

7.Disability of one of several persons

8.Special exceptions

9.Continuous running of time

10.Suits against trustees and their representatives

11.Suits on contracts entered into outside the territories to which the Act extends

PART III

COMPUTATION OF PERIOD OF LIMITATION

12.Exclusion of time in legal proceedings

13.Exclusion of time in cases where leave to sue or appeal as a pauper is applied for

14.Exclusion of time of proceeding bona fide in court without jurisdiction

15.Exclusion of time in certain other cases

16.       Effect of death on or before accrual of the right to sue.-

17.Effect of fraud or mistake

18.       Effect of acknowledgement in writing.-

19.Effect of payment on account of debt or of interest on legacy

20.       Effect of acknowledgement or payment by another person.-

21.Effect of substituting or adding new plaintiff or defendant

22.Continuing breaches and torts

23.Suits for compensation for acts not actionable without special damage

24.Computation of time mentioned in instruments

PART IV

ACQUISITION OF OWNERSHIP BY POSSESSION

25.       Acquisition of easements by prescription.-

26.Exclusion in favour of reversioner of servient tenement

27.Extinguishment of right to property

PART V

MISCELLANEOUS

28.       Amendment of certain Act.-

29.Savings

30.Provision for suits, etc., for which the prescribed period is shorter than the period prescribed by the Indian Limitation Act, 1908

31.       Provisions as to barred or pending suits etc.-

32.Repeal

THE SCHEDULE

 

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 a*[ ] as the Central Government may, by notification in the Official Gazette, appoint.

 

         [a] The date so appointed is 1-1-1964 –See S.O.3118, Gaz.of Ind., 9-11-1963, Pt.Ii,

         section 3 (ii),  p.3918.

 

 

 

 

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 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;

 

 

OBJECTS AND REASONS

 

Clause 2.-"The new definition of 'period of limitation' will make it clear that the period  of  limitation specified in the Schedule will have to be computed in accordance with the provisions of the Act; that is to say, wherever they apply, the sections will have the effect of extending the periods of limitation specified in the Schedule." –S.O.R.

 

The Law Commission in its Third Report observed as follows on this point-

 

 

         "The expression "period prescribed" occurring in S.4 has been construed differently by 

         different Courts.Some Courts take the view that it means only the periods of limitation 

         prescribed in the Schedule to the Act and does not attract the extensions of the periods of         

         limitation under the sections, which is obviously not correct.As the expression occurs in other 

         sections also, it would be better if a new definition clause for "period prescribed" is inserted to  

         the effect that it means the period the period of limitation computed in accordance with the 

         provisions of the Act.We recommend accordingly."

 

 

         (k) "promissory note" means any  instrument whereby the maker engages absolutely to pay a 

         specified sum of money to  another at a time therein limited, or  on demand, or at  sight;

 

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

 

         (m) "tort" means a civil wrong which is not exclusively the  breach of a contract or the breach of a 

         trust;

 

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

 

 

 

PART II

 

 

LIMITATION OF SUITS, APPEALS AND APPLICATIONS

 

 

 

 

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 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.

 

Clause3.- Sub-clause (2) (b)  provides that a claim by way of a set off or counter-claim shall be treated as a separate suit and that, in the case of a set off, time should cease to run from the date of the suit in which it is pleaded as the set off arises out of the same transaction and should relate back to the date of the suit; and that in the case of a counter-claim, time should cease to run from the date on which the claim is made as it is really in the nature of a separate suit.

 

Sub-clause (2) (c) sets at rest the conflict of decisions as to when exactly time ceases to run in the case of an application by notice of motion.It is now provided that time ceases to run when notice of motion is made and not when the notice is taken by the Court-a view more favourable to the applicant.-S.O.R.-Gaz.of Ind., 19-6-1962, Pt.II, S.2, Ext., p.462.

 

 

 

 

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 re-opens.

 

         Explanation.--A Court shall be deemed to be  closed on any day within the meaning of  this section if 

         during any part of its normal working hours it  remains closed on that day.

 

 

 

OBJECTS AND REASONS

 

Clause 4.-The Committee feel that the expression "a day when the Court is close" occurring in the clause should include any day when the Court is closed for a part of its normal working hours on that day.An explanation to this effect has been added.-J.C.R.-Gaz.of Ind., 20-11-1962, P.II, S.2, Ext., p.1033.

 

 

 

 

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, 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.

 

 

 

OBJECTS AND REASONS

 

Clause 5.- Instead of leaving it to the different States or High Court to extend the application of section 5 to applications order than those enumerated in that section as now in force, this clause provides for the automatic application of this section to all applications, other than those arising under Order XXI of Code of Civil Procedure, 1908, relating to execution of decrees.In the case of special or local laws, it will be open to such laws to provide that section 5 will not apply.-S.O.R.-Gaz.of Ind., 19-6-1962, Pt.II, S.2, Ext.pp.462, 463.

 

 

 

 

 

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 therefor 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 the 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.

 

 

 

OBJECTS AND REASONS

 

Clause 6.- This reproduces section 6 of the existing Act with the following modifications:-

 

(a)   In sub-clause (4), a clarificatory amendment is being made by the substitution of the words 

"at the date of the death of the person whom he represents" for the words "at the date of death affected by any such disability";

 

(b)   sub-clause (5), which is new, removes the conflict on the question whether when a person 

under disability dies after the disability ceases but within the time allowed to him by law to institute a suit, his legal representative can take advantage of the extended period to the same extent as in the case where the disability of a person continues up to his death.-S.O.R.-Gaz.of India, 19-6-1962, Pt.II,  S.2, Ext., p.463.

 

Clause 6.- There is  a  conflict of judicial decisions as regards the application of existing section to an infant, en ventre sa mere.The Committee feel that it should be made clear that this clause applies also to a child in the womb, the age of majority being determinable in all cases as provided in the Indian Majority Act, 1875.The Explanation seeks to make the necessary provisions.-J.C.R.-Gaz.of India, 20-11-1962, Pt.II, S.2, Ext.p.1033.

 

 

 

 

7.Disability of one of several persons

.-

 

Where one of several person 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.

 

 

OBJECTS AND REASONS

 

Clause 7.- The word "discharge" in the existing section 7 has been liberally interpreted by the Courts to include all kinds of discharge, and not merely discharge of money claims.The Explanation is intended to make the position clear.It is also made clear that in the case of the manager of a Hindu joint family governed by the Mitakshara law, his authority to give a valid discharge can be inferred only when he is both the de jure and de facto manager.-S.O.R.Gaz.of Ind., 19-6-1962, Pt.II, S.2, Ext., p.463.

 

 

 

 

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 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 on which the decree or order is founded 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.

 

 

 

OBJECTS AND REASONS

 

Clause 12.- The existing section 12 is being amended,-

 

         (i) to include application for revision within its scope;

 

         (ii) to provide expressly that the time requisite for obtaining a copy of the judgment in the case 

         of an  application for leave to appeal is also to be excluded;

 

         (iii) to make it clear that any delay in  the office of the court in drawing  up a decree or order 

         before the application for a copy thereof is made, shall not be excluded.-S.O.R.Gaz.of Ind.,

         19-6-1962,  Pt.II, S.2, Ext., p.463.

 

 

 

 

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 XXIII of the Code of Civil Procedure, 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.

 

 

 

OBJECTS AND REASONS

 

Clause 13.- Clause 13 is section 14 of the existing Act with the following changes:-

 

In sub-clause (1) for the words "cause of action" the words "matter in issue" are being substituted as the former expression tends to make the relief too narrow.

 

In sub-clause (3), which is new, it is provided that if a suit or application is withdrawn under Order XXIII of the Code of Civil Procedure, 1908, on grounds similar to those specified in this clause, the time spent in prosecution such proceedings shall be excluded.There is no justification for a litigant this right when the grounds of withdrawal are those contemplated by this clause and to this extent Order XXIII, Rule 12 requires  to be superseded.

 

Incidentally, prior proceedings  in a Court of revision are also brought within the scope of the clause.-S.O.R.Gaz.of Ind., 19-6-1962, Pt.II, S.2, Ext., pp.463, 464.

 

 

 

 

 

 

15.Exclusion of time in certain other cases

.-

 

(1) 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.

 

(2) In computing the period of limitation for any suit of which notice has been given, or for which the previous consent or sanction of the Government or any other authority is required, in accordance with the requirements of any law for the time being in force, the period of such notice or, as the case may be the time required  for  obtaining such consent or sanction shall be  excluded.

 

         Explanation.--In excluding the time required for obtaining  the  consent or sanction of the

         Government or any other authority, the date on which the application was  made  for obtaining the  

         consent or  sanction and the date of receipt of the order of the Government or other authority shall 

         both  be counted.

 

(3) In computing the period of limitation for any suit or application for execution of a decree by any receiver or interim receiver appointed in proceedings for the adjudication of a person as an insolvent or by  any  liquidator or provisional liquidator appointed in proceedings for the winding up  of a company, the period  beginning with  the date of institution of such proceeding and ending with the  expiry of three months from the date of  appointment of such receiver or liquidator, as the case may be,  shall be excluded.

 

(4) In computing the period of limitation for a suit for possession by a purchaser at a sale in execution of a  decree, the time during which a proceeding to set aside the sale has been prosecuted shall be excluded.

 

(5) In computing the period of limitation for any suit the time during which the defendant has been absent from India and from the territories outside India under the administration of the Central Government, shall be excluded.

 

 

 

OBJECTS AND REASONS

 

Clause 14 (Now S.15).- In sub-clause (2) provision is made for excluding the time taken  in obtaining the consent of the Central Government or any other authority for instituting any proceedings (for example, under section 86 and 87 of the Code of Civil Procedure, 1908).Such cases are analogous to those which provide for statutory notices, the period of which is excluded by the existing section.

 

Sub-section (3) is new.It is common knowledge that by the time a receiver or liquidator is appointed in insolvency or liquidation proceedings and the receiver or liquidator after getting information about the assets and liabilities of the estate sits down to the task of realising the assets of the estate, claims in favour of such estate or company get barred to the detriment of the persons entitled to the benefits of the assets.To avoid this hardship this sub-clause provides that the period between the filling of the petition for winding up or adjudication and the  appointment of the receiver (including interim receiver) or liquidator (including a  provisional liquidator) and a period of three months thereafter (to enable him to acquaint himself with the affairs of the estate) should be excluded.

 

Sub-clause (4) and (5) reproduce sections 13 and 16 of the existing Act.-S.O.R.Gaz.of Ind., 19-6-1962, Pt.II, S.2, Ext., p.464.

 

 

 

 

 

 

16.       Effect of death on or before 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 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 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 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.

 

 

 

OBJECTS AND REASONS

 

Clause 15 (section 16 now).- Section 17 of the existing Act is  confined to rights of action accruing after death.In Meyappa v.Subramanya (20 CWN 833), the Privy Council observed that when the cause of action arises in favour of a deceased person after his death time will at once begin to run.Some Courts have applied  section 17 to cases where the right accrues on death as in the case of partnerships.The clause, as now proposed to be amended, will make it applicable to rights of action accruing on death or thereafter.-S.O.R.

 

 

 

 

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 the plaintiff or applicant has discovered the fraud or the mistake or could, with reasonable diligence, have discovered it; or in the case of a concealed document, until the plaintiff or the applicant first    had the means of producing the concealed document or compelling its production:

 

Provided that nothing in this section shall enable any suit to be instituted or application to be made to recover or enforce any charge against, or set aside any transaction affecting, any property which--

 

         (i) in  the case of fraud, has been purchased for  valuable consideration by a  person who  was not a   

          party to the fraud  and  did not at  the time of the purchase know, or have reason to believe, that any  

          fraud had been committed, or

 

        (ii) in the case of mistake, has been purchased for  valuable consideration subsequently to the  

         transaction in which the mistake was made, by a person who  did not  know,  or have reason  to 

         believe, that the mistake had been made, or

 

       (iii) in the case of a concealed document, has been  purchased for valuable consideration by a person   

       who was not a party to the concealment  and,  did not at  the time of purchase know, or have reason to  

       believe, that the  document had been concealed.

 

(2) Where a judgment-debtor has, by fraud or force, prevented the execution of a decree or order within the period of limitation, the court may, on the application of the judgment-creditor made after the expiry of the said period extend the period for execution of the decree or order:

 

Provided that such application is made within one year from the date of the discovery of the  fraud or the cessation of  force, as the case may be.

 

 

 

OBJECTS AND REASONS

 

Clause 16.- Section 18 of the existing Act has been re-cast on the lines of section 26 of the Limitation Act, 1939, of the United Kingdom so as to include actions based  on fraud and also for relief founded on mistake.The clause also seeks to afford suitable protection to purchasers for valuable consideration in all such cases.

 

Sub-clause (2) incorporates the principle contained in the proviso to section 48 of the Code of Civil Procedure, 1908, which now finds a place in this Bill (see Art.135).The benefit is, however, made available only if the application for extension is made within one year from the date of discovery of the fraud or cessation of force.-S.O.R.Gaz.of Ind., 19-6-1962, Pt.II, section 2, Ext., pp.464, 465.

 

 

 

18.       Effect of acknowledgement in writing.-

 

(1) Where, before the expiration of the prescribed period for a suit or application in respect of any property or right, an acknowledgement 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 acknowledgement  was  so signed.

 

(2) Where the writing containing the acknowledgement 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 contends shall not be received.

 

         Explanation.--For the purposes of this section,--

 

(a)   an acknowledgement 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 setoff, 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.

 

 

 

OBJECTS AND REASONS

 

Clause 17.- Under the Schedule as now proposed, the time limit of 12 years for execution applications would not be capable of extension and, therefore, Explanation (c) makes it clear that 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.Otherwise, that reproduces section 19 of the existing Act.-S.O.R.-Gaz.of Ind., 19-6-1962, Pt.II, section 2,  Ext., p.465.

 

 

 

 

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 acknowledgement 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.

 

 

 

OBJECTS AND REASONS

 

Clause 18.- For the reasons stated against clause 17, the Explanation is amended to  provide that the expression "debt" shall not include money payable under a decree or order of a Court.-S.O.R.Gaz.of Ind., 19-6-1962, Pt.II, section 2, Ext., p.465.

 

 

 

20.       Effect of acknowledgement 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 acknowledgement or make the payment.

 

(2) Noting in the said sections renders one of several joint contractors, partners, executors or mortgagees chargeable by reason only of a written acknowledgement signed by, or of a payment made by, or by the agent of, any other or others of them.

 

(3) For the purposes of the said sections,--

 

(a) an acknowledgement  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 acknowledgement 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 acknowledgement 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 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.

 

 

 

OBJECTS AND REASONS

 

Clause 20.- The existing section 22 is being amended  to that an omission to  implead a person owing to a bona fide mistake does not deprive him of his rights against that person if the Court is satisfied in that behalf.-S.O.R.Gaz.of Ind., 19-6-1962, Pt.II, section 2, Ext., p.465.

 

 

 

 

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 easements by prescription.-

 

(1) Where the access and use of light or air to and for any building have been peaceably enjoyed therewith as an easement, and as of right, without interruption, and for twenty years, and where any way or watercourse or the use of any water or any other easement (whether affirmative or negative) has been peaceably and openly enjoyed by any person claiming title thereto as an easement and as of right without interruption and for twenty years, the right to such access and use of light or air, way, watercourse, use of water, or other  easement shall be  absolute and indefeasible.

 

(2) Each of the said periods of twenty years shall be taken to be a period ending within two years next before the institution of the suit wherein the claim  to which such period  relates  is  contested.

 

(3) Where the property over which a right is claimed under sub-section (1) belongs to the Government that sub-section shall be read as if for the words "twenty years" the words "thirty years" were substituted.

 

         Explanation.--Nothing is an interruption within the meaning of this section, unless where there is an 

         actual discontinuance of the possession or  enjoyment by reason of an obstruction by the act of  some     

         person other than  the claimant, and unless  such  obstruction is  submitted to or acquiesced in for  one  

         year after the  claimant  has  notice thereof  and of the person making  or  authorised the same  to  be           

         made.

 

 

 

OBJECTS AND REASONS

 

Clauses 24 to 26.- These reproduce  sections 26, 27 and 28 of the existing Act.Sections 26 and 27 deal with the acquisition of rights of easement by prescription on the basis that prescription is really ancillary to the law of limitation.Limitation of actions is the procedural equivalent of the prescription of rights.The two sections also prescribe a period of limitation for the bringing of suits relating to easements acquired by prescription and also deal with the computation of the period prescribed therefor.Section 28 is a general provision and deals with the extinguishment of right to property, whether movable or immovable.The Law Commission has proposed that sections 26 and 27 of the existing Act should be repealed and the Indian Easements Act, 1882, should be extended to the territories to which sections 26 and 27 now apply in order to secure uniformity in the law.The Indian Easements Act, 1882, which extends only to a few States, deal exhaustively with the law relating to easements and licences, their acquisition, transfer etc., and in pith and substance is a law relating to rights in or over land (an entry in the State list) and therefore it is not possible by a Parliamentary law to extend that Act to those parts of India to which it does not now extend.On the other hand, it would have been possible for Parliament to extend sections 26 and 27 of the existing Act to those parts of India to which the Indian Easements Act, 1882, now applies and thereby secure some measure of uniformity.Sections 26 and 27 to a large extent correspond to sections 15 and 16 of the Indian Easements Act, 1882.As sections 15 and 16 are more exhaustive, the better course would be to retain sections 26 and 27 in this Bill for the time being and this is what clauses 24 and 25 seek to do.As and when the Indian Easements Act, 1882, is made applicable to any State by State legislation, clauses 24 and 25 would automatically become inapplicable by reason of the provisions contained in clause 28 (4).-S.O.R.Gaz.of Ind., 19-6-1962, Pt.II, section 2, Ext., pp.465, 466.

 

 

 

STATE AMENDMENT

 

Orissa:

 

In its application to the State of Orissa, S.25 is repealed – Orissa Act 24 of 1967, section 3 (31-8-1967).

 

 

 

 

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 of twenty years in case  the  claim is, within three   years next after the determination of such interest or term,  resisted by the person entitled on such determination to the said land or  water.

 

 

OBJECTS AND REASONS

 

Please Refer section 25

 

 

 

STATE AMENDMENT

 

Orissa:

 

In its application to the State of Orissa, section 26 is repealed – Orissa Act 24 of 1967, section 3 (31-8-1967).

 

 

 

 

 

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.

 

 

 

 

 

OBJECTS AND REASONS

 

Please Refer section 25

 

 

 

 

 

 

 

 

 

 

 

PART V

 

 

MISCELLANEOUS

 

 

28.       Amendment of certain Act.-

 

[Repealed by the Repealing and Amending Act, 1974  (56 of 1974), section 2, 1st Sch.(20-12-1974).]

 

 

 

 

29.Savings

.-

 

(1) Nothing in this Act shall affect section 25 of the Indian Contract Act, 1872.

 

(2) Where any special or local law prescribes for any suit, appeal or application a period of limitation different from the period prescribed by the Schedule, the provisions of section 3 shall apply as  if  such period were the period prescribed by the Schedule and for the purpose of determining any period of limitation prescribed for any suit, appeal or application by any special or local law, the provisions contained in sections 4 to 24 (inclusive) shall apply only in so far as, and to the extent to which, they are not expressly excluded by such special or local law.

 

(3) Save as otherwise provided in any law for the time being in force with respect to marriage and divorce, nothing in this Act shall apply to any suit or other proceeding under any such law.

 

(4) Sections 25 and 26 and the definition of "easement" in section 2 shall not apply to cases arising in the territories to which the Indian Easements Act, 1882, may for the time being extend.

 

 

OBJECTS AND REASONS

 

Clause 28.- Sub-clause (2) amends section 29 (2) of the existing Act to provide that the principles contained in clauses 4 to 23 apply uniformly to all special or local laws in the absence of any local law excluding the application of any or all of those provisions in any given case.

 

Sub-clause (3) amplifies section 29 (3) of the existing Act so as  to exclude the application of this law to suits under any law dealing with marriage or divorce.-S.O.R.Gaz.of India, 19-6-1962, Pt.II, section 2, Ext., p.466.

 

 

 

 

 

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, may be instituted within a period of a*[seven years] next after the     

          commencement of this Act, or within the period prescribed for such suit by the Indian Limitation Act,

          1908, whichever period expires earlier;

 

(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, 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.

 

         b*[Provided that if in respect of any such suit, the said period of seven years expires earlier than the

         period of  limitation prescribed therefor under the Indian Limitation Act, 1908 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, as has already expired before the commencement of this Act is shorter than the

         period prescribed for such suit under this Act, then, the suit may be instituted within the period of

         limitation prescribed therefor under this Act.]

 

 

         [a] Substituted for the words "five years", and deemed to have been so substituted, by the 

         Limitation (Amendment) Act, 1969  (10 of 1969), section 2 (a).

 

         [b] Inserted, ibid, section 2  (b) (26-3-1969).

 

 

 

MODIFICATION

 

(Under Article 371-F of the Constitution)

 

In its application to the State of Sikkim, for section 30, substitute as under:-

 

"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 therefor by the law in Sikkim immediately before such commencement, may be instituted, preferred or made within the period provided by such law."-See Gaz.of Ind., 29-7-1983, Pt.II, S.3 (ii), Ext., p.4 (No.329) (22-7-1983).

 

 

OBJECTS AND REASONS

 

Clauses 29 and 30.- Suitable provisions are being made to cover cases where the period of limitation is being reduced, a longer period being allowed in the case of suits for redemption, etc., as the period is being  reduced from sixty years to thirty years in such cases.In cases where the period is increased but the cause of action has already become barred, clause 30 makes it clear that the rights will not be revived thereby.-S.O.R.Gaz.of Ind., 19-6-1962, Pt.II, S.2, Ext., p.466.

 

Clause 30 (Original clause 29.)-The Committee are of the view that as substantial changes are being made in the existing law of limitation, it is desirable to give litigants sufficient time for getting familiar with the  new law.Hence the period of two years provided in part (a) of the clause has been extended to five years and the period of thirty days has been extended to ninety days in part (b) of the clause.The proviso to part (a) has been omitted as unnecessary.-J.C.R.Gaz.of Ind., 20-11-1962, Pt.II, S.2, Ext., p.1034.

 

 

 

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, 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.

 

 

MODIFICATION

 

(Under article 371F of the Constitution)

 

In its application to the State of Sikkim, in S.31 (a) for the words "Indian Limitation Act, 1908, expired before the commencement of this Act," substituted the words "law in force in Sikkim immediately before the commencement of this Act, expired before such commencement."-See Gaz.of  Ind., 29-7-1983, Pt.II, section 3 (ii), Ext., P.4 (No.329) (22-7-1983).

 

 

 

 

32.Repeal

.-

 

[Repealed by the Repealing and Amending Act, 1974  (56 of 1974), section 2, Ist Sch.(20-12-1974).]

 

 

 

 

THE SCHEDULE

 

(Periods of Limitation)

 

[See sections 2(j) and 3]

 

 

GENERAL NOTE ON ARTICLES

 

The existence of so many articles in the Limitation Act, 1908, made the subject very complex and has also been responsible for conflict of judicial decisions.In the Limitation Act, 1908, articles were grouped according to the periods prescribed.This was neither rational nor convenient.Most of the articles relating to suits fell under distinct subjects.The Law Commission of India in their Third Report on the Limitation Act, 1908, therefore, took the view that if the articles should be grouped subjectwise and a uniform period be fixed for suits of the same nature a considerable measure of simplicity could be achieved.Similarly, as regards the articles relating to appeals and applications the Commission considered that uniform periods should be prescribed as far as possible as it would conduce to simplicity.In the process of evolving a uniform period of limitation it was held necessary to increase the existing periods in some cases.

 

The Commission also proposed that all articles in which the date in column three coincides with the accrual of the cause of action should be grouped together and the date of the accrual of the cause of action be specified as the starting point of limitation and that where the two dates do not coincide, the existing article should be retained with such changes as may be necessary.The Commission also recommended that it must be left to the Courts to determine what constitutes the cause of action and to determine the date of its accrual by applying the well established  principles to proved facts.

 

(Law Commission of India.Third Report, pp.25-27)

 

 

 

 

 

 

 

 

FIRST DIVISION - SUITS

 

 

____________________________________________________________________________________

                Description of suit                               Period of limitation               Time from which period

                                                                                                                                           begins to run

____________________________________________________________________________________

 

 

PART I.– SUITS RELATING TO ACCOUNTS

 

 

1.For the balance due on a mutual,             Three years.                          The close of the year in which

         open and current account, where                                                             the last item admitted or proved is

         there  have   been   reciprocal                                                                  entered in the account; such year to

         demands between  the parties.                                                                be computed as in the account.

 

2.Against a factor for an account.               Three years.                          When the account, is during the

                                                                                                                    continuance of the agency,

                                                                                                                    demanded and refused or, where

                                                                                                                    no such demand is made, when the                                                                                                                      agency terminates.

 

3.By a principal against his agent               Three years.                         When the account is, during the

          for movable property received                                                 continuance of the agency,

          by the latter and not accounted                                                              demanded and refused or, where no

          for.                                                                                                                such demand is made, when the

                                                                                                                    agency terminates.

                                                                                                                                                                                                                                                                                                                                                       

4.Other suits by principals against             Three years.                          When the neglect or misconduct

    agents for neglect or misconduct                                                            becomes known to the plaintiff.                                                                                 

 

5.For an account and a share of                 Three years.                           The date of the dissolution.

    the  profits of a dissolved

         partnership.

 

 

 

PART II.- SUITS RELATING TO CONTRACTS  

 

"Articles 6 to 55 relating to contracts, including implied contracts and quasi contracts, correspond to existing articles 7 to 9, 30, 31, 43, 50 to 84, 86, 87, 99 to 102, 107 to 111, 113, 115 and 116.All these articles are now grouped together, the period being fixed at 3 years in all these cases.Wherever possible, articles which can be dealt with together have been combined.(Example: articles 7 and 102 have been combined in the new article 7).Similarly article which may conveniently be omitted in favour of residuary entry have been omitted.(Example, articles 80, 83, 84, 108 and 116 have all been omitted in favour of the new residuary entry 113).The distinction between contracts in writing registered and other contracts is being done away with as not being necessary and the uniformity in the period prescribed for all suits founded on contracts is being done away with as not being necessary and the uniformity in the period prescribed for all suits founded on contracts (including those falling under the residuary entry 13) will remove the ever arising conflict under the present law as to which article applies – whether the residuary article providing for a longer period of limitation or any other specific article providing for a shorter period."

 

S.O.R.–Gaz.of India, 19-6-1962, P.II, S.2, Ext., Pp.466, 467.

 

 

 

6.For a seaman's wages.                                Three years.                         The end of the voyage during

                                                                                                                          which the wages are earned.

 

7.For wages in the case of any                  Three years.                           When the wages accrue due.

    other person.

 

8.For the price of food or drink                    Three years.                          When the food or drink is

    sold by the keeper of a hotel,                                                                  delivered.

    tavern or lodging-house.

 

9.For the price of lodging.                             Three years.                         When the price becomes payable.

 

10.Against a carrier for                     Three years.                       When the loss or injury occurs.

      compensation for losing or

      injuring goods.

 

11.Against a carrier for                     Three years.                       When the goods ought to be

      compensation for non-delivery                                                             be delivered.

      of, or delay in delivering

      goods.

 

12.For the hire of animals,                                 Three years.                      When the hire becomes payable.

      vehicles, boats or house-hold

      furniture.

 

13.For the balance of money                            Three years.                      When the goods ought to be

      advanced in payment of goods                                                             delivered.

      to be delivered.

 

14.For the price of goods sold and                Three years.                       The date of the delivery of the

      delivered where no fixed period                                                             goods.

      of credit is agreed upon.

 

15.For the price of goods sold and                 Three years.                      When the period of credit

      delivered to be paid for after                                                                 expires.

      the expiry of a fixed period

      of credit.

 

16.For the price of goods sold and                  Three years.                     When the period of the proposed

      delivered to be paid for by a                                                                 bill elapses.

      bill of exchange, no such bill

      being given.

 

17.For the price of trees or growing                  Three years.                    The date of the sale.                          

      crops sold by the plaintiff to the

      defendant where no fixed period

      of credit is agreed upon.

 

18.For the price of work done by        Three years.                   When the work is done.

      the plaintiff for the defendant

      at his request, where no time

      has been fixed for payment.

 

19.For money payable for money                       Three years.                   When the loan is made.

      lent.

 

20.Like suit when the lender has                        Three years.                   When the cheque is paid.

      given a cheque for the money.

 

21.For money lend under an                                Three years.                   When the loan is made.

      agreement that it shall be

      payable on demand.

 

22.For money deposited under                         Three years.                     When the demand is made.

      an agreement that it shall be

      payable on demand, including

      money of a customer in the

      hands of his banker so payable.

 

23.For money payable to the                               Three years.                   When the money is paid.

      plaintiff for money paid for

      the defendant.

 

24.For money payable by the                               Three years.                  When the money is received.

     defendant to the plaintiff

     for money received by the

     defendant, for the plaintiff's

     use.

 

25.For money payable for                                      Three years.                 When the interest becomes due.

      interest upon money due

      from the defendant to the

      plaintiff

 

26.For money payable to the                                 Three years.                 When the accounts are stated

      plaintiff for money found to                                                                  in writing signed by the

      be due from the defendant to                                                                defendant or his agent duly

      the plaintiff on accounts stated                                                             authorised in this behalf, unless

      between them.                                                                                          where the debt is, by a

                                                                                                                          simultaneous agreement in writing

                                                                                                                          signed as aforesaid, made payable

                                                                                                                          at a future time, and then when

                                                                                                                          that time arrives.

 

27.For compensation for breach                         Three years.                   When the time specified arrives

      of a promise to do anything at                                                               or the contingency happens.

      a specified time, or upon the

      happening of a specified

      contingency.

 

28.On a single bond, where a day                       Three years.                  The day so specified.

      is specified for payment.

 

29.On a single bond, where no                           Three years.                   The date of executing the bond.

       such day is specified.

 

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

 

31.On a bill of exchange or                                    Three years.                 When the bill or note falls due.

       promissory  note payable at a

       fixed time after date.

 

32.On a bill of exchange payable           Three years.                When the bill is presented.

      at sight, or after sight, but

      not at a fixed time.

 

33.On a bill of exchange accepted                        Three years.                 When the bill is presented at

      payable at a particular place.                                                                 that place.

 

34.On a bill of exchange or                                    Three years                  When the fixe time expires.

      promissory note payable at a

      fixed time after sight or after

           demand.

 

35.On a bill of exchange or                                    Three years.                 The date of the bill or note.

      promissory note payable

      on demand and not

      accompanied by any writing

      restraining or postponing

      the right to sue.

 

36.On a promissory note or                                   Three years.                 The expiration of the first term

      bond payable by instalments.                                                                of payment as to the part then                                                                                                                                     payable; and for the other parts, the                                                                                                                          expiration of the respective terms                                                                                                                                     of payment.                                         

 

37.On a promissory note or bond                        Three years.                  When the default is made, unless      

      payable by instalments, which                                                              where the payee or obligee waives     

      provides that, if default be                                                                     the benefit of the provision and     

      made in payment of one or more                                                           then when fresh default is made

      instalments, the whole shall be                                                              in respect of which there is no

      due.                                                                                                            such waiver.

 

38.On a promissory note given by                       Three years.                 The date of the delivery to the

       the maker to a third person to                                                               payee.

       be delivered to the payee after

       a certain event should happen.

 

39.On a dishonoured foreign bill          Three years.                 When the notice is given.

      where protest has been made

      notice given.

 

40.By the payee against the drawer                     Three years.                 The date of the refusal to accept.

      of a bill of exchange, which                   

      has been dishonoured by

      non-acceptance.

 

41.By the acceptor of an                                        Three years.                 When the acceptor pays the        

      accommodation-bill                                                                                 amount of the bill.

      against the drawer.

 

42.By a surety against the                                     Three years.                 When the surety pays the

      principal debtor.                                                                                       creditor.

 

43.By a surety against a co-surety                       Three years.                 When the surety pays anything

                                                                                                                          in excess of his own share.

 

44.(a) On a policy of insurance                           Three years.                   The date of the death of the

       when the sum insured is                                                                        deceased, or where the claim

       payable after proof of the                                                                      on the policy is denied, either

       death has been given to or                                                                    partly or wholly, the date of

       received by the insurers.                                                                       such denial.

 

       (b) On a policy of insurance                           Three years.                 The date of occurrence

       when the sum insured is                                                                        causing the loss, or where the

       payable after proof of the                                                                      claim on, the policy is denied,

       loss has been given to or                                                                      either partly or wholly, the date

       received by  insurers.                                                                             of such denial.

 

 

 

OBJECTS AND REASONS

 

Article 44.- The Committee feel that in cases where a claim is denied, whether wholly or in part, by an insurer the plaintiff should be entitled to have the period of limitation computed from the date of  such denial.Column 3 against item (a) has been amended accordingly.-J.C.R.–Gaz.of Ind., 20-11-1962, Pt.II-S.2, Ext.p.1034.

 

 

 

     45.By the assured to recover premia                     Three years.                 When the insurers elect to

      paid under a policy voidable at                                                             avoid the policy.

      the election of the insurers.

 

46.Under the Indian Succession                         Three years.                   The date of the payment or

           Act, 1925, section                                                                                  distribution.

           360 or section 361, to compel a

           refund by a person to whom an

           executor or administrator has

           paid a legacy or distributed

           assets.

 

47.For money paid upon an                                    Three years.                The date of the failure.

      existing consideration

      which afterwards fails.

 

48.For contribution by a party                              Three years.                 The date of the payment in

      who has paid the whole or                                                                     excess of the plaintiff's

           more 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 than his share

      of the amount of revenue due

      from himself and his co-sharers.

 

49.By a co-trustee to enforce                                Three years.                 When the right to contribution

      against the estate of a deceased                                                           accrues.

      trustee a claim for contribution.

 

50.By the manager of a joint estate                      Three years.                 The date of the payment.

      of an undivided family for

      contribution, in respect of a

      payment made by him on

      account of the estate.

 

51.For the profits of immovable            Three years.                 When the profits are received.

      property belonging to the

      plaintiff which have been

      wrongfully received by the

      defendant.

 

52.For arrears of rent.                                          Three years.    When the arrears become due.

 

53.By a vendor of immovable                                Three years.                 The time fixed for completing

      property for personal                                                                              the sale, or (where the title is

      payment of unpaid                                                                                 accepted after the time fixed for

      purchase-money.                                                                                     completion) the date of the                                                                                                                                          acceptance.

 

54.For specific performance of                            Three years.                   The date fixed for the

      a contract.                                                                                                performance, or, if no such date is

                                                                                                                          fixed, when the plaintiff has notice                                                                                                                             that performance is refused.

 

55.For compensation for the                                 Three years.                 When the contract is broken or

      breach of any contract,                                                                           (where there are successive

      express or implied not                                                                             breaches) when the breach in

      specially provided for.                                                                          respect of which the suit is

                                                                                                                          instituted occur or (where the

                                                                                                                          breach is continuing) when it

                                                                                                                          ceases.

 

 

PART III.-SUITS RELATING TO DECLARATIONS

 

56.To declare the forgery of an                           Three years.                   When the issue or registration

      instrument issued or                                                                                becomes known to the plaintiff.

      registered.                                                                                              

 

57.To obtain a declaration that                           Three years.                   When the alleged adoption

      an alleged adoption is invalid,                                                               becomes known to the plaintiff.

      or never in fact, took place.

 

58.To obtain any other declaration.                     Three years.                 When the right to sue first accrues.

 

 

 

PART IV - SUITS RELATING TO DECREES AND INSTRUMENTS.

 

59.To cancel or set aside an                                  Three years.                 When the facts entitling the

      instrument or decree or for                                                                     plaintiff to have the instrument

      the rescission of a contract.                                                                 or decree cancelled or set aside

                                                                                                                          or the contract rescinded first

                                                                                                                          become known to him.

 

 

OBJECTS AND REASONS

 

Article 59 combines existing Arts.91 and 114-S.C.R.

 

 

      60.To set aside a transfer of                                                        

       property made by the guardian

       of a ward-

 

          (a) by the ward who has attained             Three years.                   When the ward attains majority.

          majority;

 

          (b) by the ward's legal

          representative-

 

          (i) when the ward dies within                     Three years.                  When the ward attains majority.

          three years from the date of

          attaining majority;

 

          (ii) when the ward dies before                    Three years.                  When the ward dies.

          attaining majority.

 

 

OBJECTS AND REASONS

 

Article 59 combines existing articles 19 and 114, and 60 reproduces existing article 44 but is amplified to cover cases where the ward dies before attaining majority or within three years after attaining majority S.O.R.-Gaz.of Ind., 19-6-1962, Pt.II-S.2, Ext., p.467.

 

 

 

                                PART V - SUITS RELATING TO IMMOVABLE PROPERTY.                                                

 

61.By a mortgagor

 

          (a) to redeem or recover                      Three years.                          When the right to redeem or to

          possession of immovable                                                                   recover possession accrues.

          property mortgaged;

 

          (b) to recover possession of              Three years.                          When the transfer becomes 

          immovable property mortgaged                                                         known to the plaintiff.

          and afterwards transferred by the

          mortgagee for a valuable

          consideration;

 

          (c) to recover surplus collections      Three years.                         When the mortgagor re-enters

          received by the mortgagee after                                                        on the mortgaged property.

          the mortgage has been satisfied.

 

 

 

OBJECTS AND REASONS

 

"Article 61 replaces existing articles 148, 134, (in so far as it relates to mortgages) and 105 with the modification that in respect of suits for redemption the period is being reduced from 60 years to 30 years (and  not to 12 years as recommended by the Law Commission)."S.O.R.-Gaz.of  Ind., 19-6-1962, Pt.II-S.2, Ext., p.467.

 

 

      62.To enforce payment of money                      Three  years.                   When the money sued for

       secured by a mortgage or                                                                      becomes due.

       otherwise charged upon

       immovable property.

 

 

OBJECTS AND REASONS

 

"Article 62 replaces existing Article 132, at the same time making it clear that the article applies to mortgage also."-S.O.R.-Gaz.of Ind., 19-6-1962, Pt.II, S.2, Ext., p.467.

 

 

 

63.By a mortgagee:-

 

          (a) for foreclosure;                               Thirty years.                         When the money secured

                                                                                                                          by the mortgage becomes

                                                                                                                          due.

 

          (b) for possession of                           Twelve years.                       When the mortgagee becomes

          immovable property mortgaged.                                                        entitled to possession.

 

 

OBJECTS AND REASONS

 

"Article 63 replaces existing Articles 147, 135 and 146, the period of limitation in respect of suits for foreclosure being reduced from 60 years to 30 years in conformity with the period now being prescribed, for suits for redemption"-S.O.R.Gaz.of Ind., 19-6-1962, Pt.II, S.2, Ext.p.467.

 

 

64.For possession of immovable Twelve years.                       The date of dispossession.

      property based on previous

      possession and not on title,

      when the plaintiff while in

      possession of the property

      has been dispossessed.

 

 

OBJECTS AND REASONS

 

Article 142 and 144 of the existing Act have given rise to a good deal of confusion with respect to suits for possession by owners of property.Article 64 as proposed replaces article 142, but is restricted to suits based on possessory title so that an owner of property does not lose his right to the property unless the defendant in possession is able to prove adverse possession.-S.O.R.Gaz.of Ind., 19-6-1962, Pt.II, S.2, Ext., p.467.

 

 

 

 

65.     For possession of immovable            Twelve years.                       When the possession of the

          property or any interest                                                                      defendant becomes adverse to the

          therein based on title.                                                                          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, reversioner

          or devisee, as the case may be,

          falls into possession;

 

          (b) where the suit 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.

 

 

OBJECTS AND REASONS

 

Article 65 is new and deals with suits based on title.This will cover existing articles 136, 137, and 138 which are all suits based on title-that is to say suits based on the title of the predecessor-in-interest of the purchaser, whether under an ordinary purchase or an execution sale.Existing article 47 may also be left to be covered by the new article 65 as recommended by the Law Commission in para 124 of its Report.In view of article 65, existing article 144 is unnecessary.The provisions of existing articles 140 and 141 are being incorporated as suitable explanations to the new article 65.The last explanation to the new article 65 is intended to make it clear that a purchaser at a sale in execution of a decree shall be deemed to be a representative of the judgment-debtor who was out of possession at the date of  the sale although it may be unnecessary in  view of the definition of "plaintiff" which includes a person from or through whom the plaintiff derives his right to sue.-S.O.R.Gaz.of Ind., 19-6-1962, Pt.Ii, S.2, Ext., pp.467-468.

 

 

 

 

 

 

STATE AMENDMENTS

 

Bihar

 

In its application to the Scheduled Areas in the State of Bihar, in Art.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 Scheduled Tribes as specified in part III to the Schedule to the Constitution (Scheduled Tribes) Order, 1950."

 

-Bih.Regn.1 of 1969, S.3 and Sch.(8-2-1969).

 

Orissa

 

In its application to the Scheduled Areas in the State of Orissa, in Art.65, second column, following words 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."

 

Orissa Regn.1of 1975, S.5 (12-12-1975)

 

 

 

 

66.     For possession of immovable            Twelve years.                       When the forfeiture is

          property when the plaintiff                                                                 incurred or the condition

          has become entitled to possession                                                   is broken.

          by reason of any forfeiture or

          breach of condition.

 

 

OBJECTS AND REASONS

 

Articles 66 and 67 reproduce existing articles 143 and 139.-Gaz.of Ind., 19-6-1962, Pt.Ii, S.2, Ext., p.468.

 

 

 

67.     By a landlord to recover                     Twelve years.                       When the tenancy is determined.                     possession from a tenant.                                                                             

 

 

 

PART VI - SUITS RELATING TO MOVABLE PROPERTY                               

 

 

OBJECTS AND REASONS

 

Articles 68, 69, 70 and 71 reproduce existing articles 48 (first part), 49 (first part), 145 and 48A (second party) respectively.In the new article 70, the date of refusal after demand is made the starting point of limitation and there would then be no need for a 30 year period as in the existing article 145."-S.O.R.Gaz.of Ind., 19-6-1962, Pt.II, S.2, Ext., p.468.

 

 

 

 

 

68.     For specific movable property           Three years.                          When the person having the right

          lost, or acquired by theft,                                                                   to the possession of the property    

          or dishonest misappropriation                                                           first learns in whose possession

          or conversion.                                                                                      it is.

 

69.     For other specific movable                 Three years.                          When the property is wrongfully

          property.                                                                                                taken.

 

70.     To recover movable property            Three years.                          The date of refusal after

          deposited or pawned from                                                                  demand.

          a depositary or pawnee.

 

71.     To recover movable property            Three years.                          When the sale becomes known to

          deposited or pawned, and                                                             the  plaintiff.

          afterwards bought from the

          depositary or pawnee for a

          valuable consideration.

 

 

PART VII—SUITS RELATING TO TORT.

 

 

OBJECTS AND REASONS

 

"Articles 72 to 91 which correspond to existing articles 2, 19 to  29 and 32 to 42 deal with suits based on tort.Most of the existing articles are being retained and the existing periods of limitation are also not being changed except in a few cases.For example, the new article 72 which reproduces existing article 2 increases the period from ninety days to one year as being more reasonable.Articles 22 and 36 have been omitted in favour of the residuary article 113."-S.O.R.Gaz.of Ind., 19-6-1962, Pt.ii, S.2, Ext., p.468.

                         

 

 

72.     For compensation for doing               One year.                               When the act or omission takes

          or for omitting to do an act                                                                 place.

          alleged to be in pursuance

          of any enactment in force for

          the time being in the territories

          to which this Act extends.

 

73.     For compensation for false                 One year.                               When the imprisonment ends.

          imprisonment.

 

74.     For compensation for a                       One year.                               When the plaintiff is acquitted or

          malicious prosecution.                                                                        the prosecution is otherwise

                                                                                                                          terminated.

 

75.     For compensation for libel. One year.                               When the libel is published.

 

76.     For compensation for slander.           One year.                               When the words are spoken, or if                                                                                                                               the words are not actionable in                                                                                                                                   themselves, when the special                                                                                                                                            damage complained of results.  

 

77.     For compensation for loss of             One year.                               When the loss occurs.

          service occasioned by the

          seduction of the plaintiff's

          servant or daughter.

 

78.     For compensation for inducing         One year.                               The date of the breach.

          a person to break a contract

          with the plaintiff.

 

79.     For compensation for an illegal,        One year.                               The date of the distress.

          irregular or excessive distress.

 

80.     For compensation for wrongful         One year                                The date of the seizure.

          seizure of movable property

          under legal process.

 

81.     By executors, administrators              One year.                               The date of the death of the

          or representatives under the                                                              person wronged.

          Legal Representatives

          Suits Act, 1855.

 

82.     By executors, administrators              Two years.                            The date of the death of the

          or representatives under the                                                              person killed.

          Indian Fatal Accidents Act,

          1855.

 

 

OBJECTS AND REASONS

 

Article 82- The committee feel the limitation of one year provided for suits under the Indian Fatal Accidents Act, 1855, is short and should be increased to two years.-J.C.R.Gaz.of Ind., 20-11-1962, Pt.II, section 2, Ext., p.1034.

 

 

83.     Under the Legal Represen- Two years.                            When the wrong complained of

          tatives' Suits Act, 1855,                                                                       is done.

          against an  executor, an

         administrator or any other

         representative.

 

84.     Against one who, having a right       Two years.                            When the perversion first

          to use property for specific                                                                                becomes known to the

          purposes, perverts it to other                                                            person injured thereby.

          purposes.

 

85.     For compensation for                          Three years.                          The date of the obstruction.

          obstructing a way or a

          water course.

 

86.     For compensation for                          Three years.                          The date of the diversion.

          diverting a water course.

 

87.     For compensation for trespass          Three years.                          The date of the trespass.

          upon immovable property.

 

88.     For compensation for                          Three years.                          The date of the infringement.

          infringing copyright or any

          other exclusive privilege.

 

89.     To restrain waste.                                                Three years.                          When the waste begins.

 

90.     For compensation for injury               Three years.                          When the injunction ceases.

          caused by an injunction

          wrongfully obtained.

 

91.     For compensation,-

 

          (a) for wrongfully taking                     Three years.                          When the person having the

          or detaining any specific                                                                    right to the possession of the

          movable property lost, or                                                                   property first learns in whose

          acquired by theft, or dishonest                                                         possession it is;

          misappropriation or

          conversion;

 

          (b) for wrongfully taking or                Three years.                          When the property is wrongfully

          injuring or wrongfully                                                                         taken or injured, or when the

          detaining any other specific                                                               detainer's possession becomes

          movable property.                                                                                unlawful.

 

 

 

PART VIII - SUITS RELATING TO TRUSTS AND TRUST PROPERTY        

 

92.     To recover possession of                   Twelve years.                       When the transfer becomes

          immovable property conveyed                                                          known to the plaintiff.

          or bequeathed in trust and

          afterwards transferred by the

          trustee for a valuable

          consideration.

 

 

OBJECTS AND REASONS

 

Articles 92 to 96 reproduce respectively existing articles 134 (first part), 48A (first part), 134A, 48B, 134B and 134C.

 

In the new article 96 replacing existing articles 134B and 13C, an amendment is made whereby the date of appointment of a new manager is also made the starting point of limitation in suitable cases.-S.O.R.Gaz.of Ind., 19-6-1962, Pt.II, section 2, Ext., p.468.

 

 

 

93.     To recover possession of                   Three years.                          When the transfer becomes

          movable property conveyed                                                              known to the plaintiff.

          or bequeathed in trust and

          afterwards transferred by the

          trustee for a valuable

          consideration.

 

94.     To set aside a transfer of                    Twelve years.                       When the transfer becomes

          immovable property                                                                             known to the plaintiff.

          comprised in a Hindu, Muslim

          or Buddhist religious or

          charitable endowment, made

          by a manager thereof for a

          valuable consideration.

 

95.     To set aside a transfer of                    Three years.                          When the transfer becomes

          immovable property comprised                                                         known to the plaintiff.

          in a Hindu, Muslim or Buddhist

          religious or charitable

          endowment, made by a manager

          thereof  for a valuable

          consideration.

 

96.     By the manager of a Hindu,                Twelve years.                       The date of death, resignation

          Muslim or Buddhist religious                                                            or removal of the transferor or the

          or charitable endowment to                                                                date of appointment of the

          recover possession of movable                                                         plaintiff as manager of the

          or immovable property                                                                        endowment, whichever is later.

          comprised in the endowment

          which has been transferred by

          a previous manager for a

          valuable consideration.

 

 

OBJECTS AND REASONS

 

Please Refer article 91.

 

 

 

PART IX - SUITS RELATING TO MISCELLANEOUS MATTERS   

 

 

OBJECTS AND REASONS

 

This part groups together articles which cannot be included within any of the earlier parts.-S.O.R.Gaz.of Ind.,

 

 

 

97.     To enforce a right of                            One year.                               When the purchaser takes under the               pre-emption whether the right                                                           sale sought  to be impeached,

          is founded on law or                                                                            physical possession of the whole

          general usage or on special                                                                or part of the property sold, or,

          contract.                                                                                                                where the subject-matter of the

                                                                                                                          sale does not admit of physical                                                                                                                                   possession of the whole or part of                                                                                                                             the property, when the instrument                                                                                                                                    of sale is registered.      

 

98.     By a person against whom                 One year.                               The date of the final order.

          a*[an order referred to in rule 63

         or in rule 103] of Order XXI of

         the Code of Civil Procedure, 1908

or an order under section 28

of the Presidency Small Cause

Courts Act, 1882, has been made,

to establish the right which he claims

to the property comprised in the

order.

 

[a] Substituted for the words "an order under rule 63 or rule 103", by the repealing and

Amending Act, 1964 (52 of 1964), section 3 and Second Sch.(29-12-1994).

 

 

 

99.     To set aside a sale by a civil              One year.                               When the sale is confirmed or

          or revenue Court or a sale for                                                            would otherwise have become

          arrears of Government revenue                                                         final and conclusive had no such     or for any demand recoverable                                                           suit been brought.

          as such arrears.

 

100.   To alter or set aside any                     One year.                               The date of the final decision or

          decision or order of a Civil                                                 order by the Court or the date of

          Court in any proceeding                                                                     the act or order of the officer,

          other than a suit or any act                                                                                as the case may be.

          or order of an officer of

          Government in his official

          capacity.

 

101.   Upon a judgment including                Three years.                          The date of the judgment or

          a foreign judgment, or a                                                                      recognisance.

          recognisance.

 

102.   For property which the                       Three years.                          When  the plaintiff is restored to

          plaintiff has conveyed                                                                        sanity and has knowledge of the

          while insane.                                                                                         conveyance.

 

103.   To make good out of the                    Three years.                          The date of the trustee's death

          general estate of a deceased                                                              or if the loss has not then resulted,

          trustee the loss occasioned                                                                               the date of the loss.

          by a breach of trust.

 

104.   To establish a periodically                 Three years.                          When the plaintiff is first refused

          recurring right.                                                                                      the enjoyment of the right.

 

105.   By a Hindu for arrears of                    Three years.                          When the arrears are payable.

          maintenance.

 

106.   For a legacy or for a share of             Twelve years.                       When the legacy or share becomes

a residue bequeathed by a testator                                                   payable or deliverable.

          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.

 

107.   For possession of a hereditary          Twelve years.                       When the defendant takes

          office.                                                                                                     possession of the office

adversely to the plaintiff.

 

          Explanation.-A hereditary office

          is possessed when the

          properties thereof are usually

          received, or (if there are no

          properties) when the duties

          thereof are usually performed.

 

108.   Suit during the life of a Hindu            Twelve years.                       The date of the alienation.

          or Muslim female by a

          Hindu or 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.

 

109.   By a Hindu governed by                    Twelve years                        When the alienee takes possession

          Mitakshara law to set aside                                                                of the property.

          his father's alienation of

          ancestral property.

 

110.   By a person excluded from a              Twelve years.                       When the exclusion becomes

          joint family property to                                                                       known to the plaintiff.

          enforce  right to share

          therein.

 

111.   By or on behalf of any local               Thirty years.                         The date of the dispossession

          authority for possession of                                                                                or discontinuance.

          any public street or road or

          any part thereof from which

          it has been dispossessed or

          of which it has discontinued

           the possession.                                                  

 

112.   Any suit (except a suit before            Thirty years.                         When the period of limitation

          the Supreme Court in the                                                                    would begin to run under

          exercise of its original                                                                          this Act against a like suit by

          jurisdiction) by or on behalf                                                               a private person.

          of the Central Government or

          any State Government

          including the Government of

          the State of Jammu and

          Kashmir.

 

 

PART X - SUITS FOR WHICH THERE IS NO PRESCRIBED PERIOD.

 

113.   Any suit for which no period             Three years.                          When the right to sue accrues.

          of limitation is provided

          elsewhere in this Schedule.

 

 

 

 

OBJECTS AND REASONS

 

Article 113 (which corresponds to existing article 120) is the residuary article for cases not covered by the earlier parts and the period is fixed at three years so that no special advantage would be gained by anyone seeking to prove that the residuary article applies."-S.O.R.Gaz.of Ind., 19-6-62, Pt.II, S.2, Ext., p.469.

 

 

 

SECOND DIVISION - APPEALS

 

___________________________________________________________________________________

 

            Description of appeal              Period of Limitation              Time from which period begins

                                                                                                                                  to run

___________________________________________________________________________________

 

 

114.   Appeal from an order of 

          acquittal,-

 

          (a) under sub-section (1) or                Ninety days.                         The date of the order appealed

          sub-section (2) of section                                                                   from.

          417 of the Code of Criminal

          Procedure, 1898;

         

          (b) under sub-section (3) of               Thirty days.                          The date of the grant of special

          section 417 of that Code.                                                                    leave.

 

 

OBJECTS AND REASONS

 

"Articles 114 replaces existing article 157 with the addition that appeals against orders of acquittal in cases instituted on private complaints where special leave has been obtained should be filed within one  month from the grant of leave."-S.O.R.Gaz.of Ind., 19-6-62,  Pt.II, S.2, Ext., p.469.

 

 

 

115.   Under the Code of Criminal

          Procedure, 1898—

         

          (a) from a sentence of death               Thirty days.                          The date of the sentence.

          passed by a Court of Session

          or by a High Court in the

          exercise of its original

          criminal jurisdiction;

 

          (b) from any other sentence or

          any order not being an order

          of acquittal-

 

              (i) to the High Court                        Sixty days.                             The date of the sentence or order.

 

             (ii) to any other Court                       Thirty days.                          The date of the sentence or order.

 

 

OBJECTS AND REASONS

 

Article 115 combines existing articles 150, 152, 154, 155, 156 and provides a period of 30 days for all appeals.-S.O.R.-Gaz.of India, 19-6-62, Pt.II-S.2, Ext., p.469.

 

 

Article 115 and Article 116 (New).-

In the opinion of the Committee, Article 115 should be re-drafted so that in the case of sentences or orders other than sentences of death or orders of  acquittal the period for appeals under the Code of Criminal Procedure, 1898, to the High Court should be increased from thirty days to sixty days.Similarly, in the case of appeals under the Code of Civil Procedure, 1908, to the High Court, the period should be increased from thirty days to ninety days.Article 115 has been re-drafted accordingly, and suitable provisions in this behalf have made in the new Articles 115 and 116 – Gaz.of India, 20-11-62, Pt.II-S.2, Ext., p.1034.

 

 

 

116.   Under the Code of Civil

          Procedure, 1908,-

 

         

(a) to a High Court from                      Ninety days.                         The date of the decree or order.

          any decree or order;         

 

 

          (b) to any other Court from                Thirty days.                          The date of the decree or order.

          any decree or order.

 

117.   From a decree or order of                   Thirty days.                           The date of the decree or      

         any High Court to the same                                                         order.

         Court.

         

 

OBJECTS AND REASONS

 

Article 116 (now Art.117) replaces relating Article 151 and provides a period of thirty days for all appeals to a High Court against its own decrees or orders.-S.O.R.-Gaz.of India, 19-6-62, Pt.II-S.2,  Ext., p.469.

 

 

 

 

THIRD DIVISION - APPLICATIONS

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Description of application                      Period of limitation                   Time from which period

                                                                                                                                begins  to run

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PART I - APPLICATIONS IN SPECIFIED CASES

 

118.         For leave to appear and defend                         Ten days.              When the summons is served.

                a suit under summary procedure.

 

119.         Under the Arbitration Act, 1940,-

 

 

                (a) for the filing in Court of an award;              Thirty days.          The date of service of the notice

                                                                                                                                of the making of the award;

 

                (b) for setting aside an award or getting          Thirty days.          The date of service of the notice

                an award remitted for reconsideration.                                             of the filing of the award.

 

 

OBJECTS AND REASONS

 

Article 118 (now Art.119), combines existing Articles 178 and 158 and provides a uniform period of 30 days.-S.O.R.-Gaz.of India, 19-6-62, Pt.II-S.2, Ext., p.470.

 

 

 

120.         Under the Code of Civil Procedure, Ninety days.         The date of death of the plaintiff,

1908, to have the legal representative                                               appellant, defendant or respondent

of a deceased plaintiff or appellant                                                   as the case may be.

                or  of a deceased defendant or respondent,

               made a party.

 

 

OBJECTS AND REASONS

 

Articles 120 and 121 (Original articles 119 and 120.- The Committee feel that the limitation of thirty days provided for the applications specified in these articles should be increased from thirty days to ninety days and sixty days respectively.-L.J.R.-Gaz.of Ind., 20-11-62, Pt.II, S.2, Ext., Pp.1034, 1035.

 

 

 

121.         Under the same Code for an order                    Sixty days.             The date of abatement.

                to set aside an abatement.

 

122.         To restore a suit or appeal or                             Thirty days.          The date of dismissal.

                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.

 

 

OBJECTS AND REASONS

 

"Article 121 (now Article 122), in replacement of existing Articles 160, 163, 168 and 172, provides uniform period of 30 days for setting aside orders of dismissal for defaults, like failure to appear etc."-S.O.R.-Gaz.of India, 19-6-62.Pt.II-S.2, Ext., p.470.

 

 

 

123.         To set aside a decree passed ex parte              Thirty days.          The date of the decree or where

                or to rehear an appeal decreed or                                                      the summons or notice was not

                heard ex parte.                                                                                      duly served, when the applicant

                                                                                                                                 had knowledge of the decree.          

 

                Explanation.-For the purpose of this

                article, substituted service under Rule

                20 of Order V of the Code of Civil

                Procedure, 1908 shall not be deemed

              to be due service.

 

 

OBJECTS AND REASONS

 

"Article 122 (now Article 123) combines existing Articles 164 and 169.The Explanation seeks to override the case-law that the expression "duly served" in column 3 includes substituted service".-S.O.R.-Gaz.of India, 19-6-62, Pt.II, S.2, Ext.p.470.

 

 

 

124.         For a review of judgment by a Court                Thirty days.          The date of the decree or order.

                other than the Supreme Court.

 

 

OBJECTS AND REASONS

 

"Article 123 (now Article 124) groups together existing Articles 161, 162 and 173 and provides a uniform period of 30 days for all cases of review."-S.O.R.-Gaz.of India, 19-6-62, Pt.II-S.2, Ext.p.420.

 

 

 

125.         To record an adjustment or                                Thirty days.          When the payment or adjustment

                satisfaction of a decree.                                                                      is made.

 

126.         For the payment of the amount of                     Thirty days.          The date of the decree.

                a decree by instalments.

 

127.         To set aside a sale in execution of              a*[Sixty days].           The date of the sale.

                the decree, including any such

                application by a judgment-debtor.

 

              [a] Substituted for the words "thirty days" by Act 104 of 1976, S.98, (1-2-1977).

 

 

128.         For possession by one dispossessed                            Thirty days.            The date of the dispossession.

                of immovable property and disputing             

                the right of the decree-holder or

                purchaser at a sale in execution

                of a decree.

 

129.         For possession after removing                          Thirty days.          The date of resistance or

                resistance or obstruction to                                                               obstruction.

                delivery of possession of immovable

                property decreed or sold in

                execution of a decree.

 

130.         For leave to appeal as a pauper—

 

                (a) to the High Court                                           Sixty days.             The date of decree appealed from.

 

                (b) to any other Court                                         Thirty days.          The date of decree appealed from.

 

 

OBJECTS AND REASONS

 

Article 130 (original Article 129).- The Committee consider that the period of thirty days provided for application for leave to appeal to the High Court as a pauper should be increased from thirty days to sixty days.The article has been re-drafted accordingly.-J.C.R.-Gaz.of Ind., 20-11-62, Pt.II-S.2, Ext., p.1035.

 

 

 

131.         To any Court for the exercise of its                   Ninety days.         The date of the decree or order or

                powers of revision under the Code                                                   sentence sought to be revised.

                of Civil Procedure, 1908 or the Code

              of Criminal Procedure, 1898.

 

 

OBJECTS AND REASONS

 

Article 131 (original Article 130).- This Article seeks to prescribe a uniform period of limitation for the exercise of revisional powers under  the two procedural Codes but in the opinion of the Committee the period  of thirty days is too short and should be increased to ninety days."-J.C.R.-Gaz.of Ind., 20-11-1962, Pt.II, S.2, Ext., pp.1034, 1035.

 

 

 

132.         To the High Court for a certificate                    Sixty days.             The date of the decree, order or

                of fitness to appeal to the Supreme                                                  sentence.

                Court under Cl.(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.

 

 

OBJECTS AND REASONS

 

Articles 131 and 132 (now Articles 132 and 133).- Replace existing Articles 153 and 179 by more comprehensive provisions for application to the High Court for the certificate of fitness to appeals to the Supreme Court or for special leave to appeal to the Supreme Court in all civil and criminal matters."-S.O.R.-Gaz.of Ind., Pt.II, S.2, Ext.p.470.

 

 

 

133.         To the Supreme Court for special

                leave to appeal,--

 

                (a) in a case involving death sentence;            Sixty days.             The date of the judgment, final

                                                                                                                                order or sentence.

 

                (b) in a case where leave to appeal                   Sixty days.             The date of the order of refusal.

                was refused by the High Court;

 

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

 

134.         For delivery of possession by a                        One year.               When the sale becomes absolute.

                purchaser of immovable property

                at a sale in execution of a decree.

 

 

OBJECTS AND REASONS

 

Article 133.- "As existing Article 182 is being omitted, Article 180, which the proposed Article 133 (now Article 134) seeks to replace, will apply to all purchasers in execution, whether decree-holders or not.The period, however, is being reduced to one year from three years." S.O.R.– Gaz.of Ind., 19-6-62, Pt.II-S.2, p.470.

 

 

 

135.         For the enforcement of a decree                        Three years.          The date of the decree or where a

                granting a mandatory injunction.                                                      date is fixed for performance,

                                                                                                                                such date.

 

 

OBJECTS AND REASONS

 

Article 135.- "Existing Article 182 has been a  fruitful source of litigation and therefore the proposed Article 135, (now Article 136) in lieu thereof, provides that the maximum period of limitation for the execution of  a decree or order of  any Civil Court shall be 12 years from the date when the decree or order became enforceable (which is usually the date of the decree or order) or, where the decree or subsequent order directs any payment of money or delivery of any property to be made at a certain date or at recurring periods, from the date of the default in making the payment or delivery in respect of which the applicant seeks to execute the decree or order.There is no reason why a decree should be kept alive for more than 12 years.Section 48 of the Civil Procedure Code, 1908, provides that a decree ceases to be enforceable after 12 years.In England also the time fixed for enforcing a judgment is 12 years.Where, however, the judgment-debtor has by fraud or force prevented the execution of a decree within the prescribed period, suitable provisions for extending the period are being made in clause 16 (now S.17) of the Bill on the lines of section 48 (2) of the Code of Civil Procedure, 1908.

 

Existing Article 183, which makes special provision for decrees and order of Courts established by Royal Charter, is no longer necessary.

 

It is also provided that the period of 12 years will not apply to decrees granting perpetual injunctions." S.O.R.-Gaz.of Ind., 19-6-62, Pt.II-S.2, Ext., pp.470, 471.

 

 

 

 

136.         For the execution of any decree                        Twelve years.       a*[When] the decree or order

                (other than a decree granting                                                             becomes enforceable or where the

                a mandatory injunction) or order                                                       decree or any subsequent order

                of any Civil Court.                                                                                directs any payment of money or                                                                                                                                      the delivery of any property to be                                                                                                                                    made at a certain date or at                                                                                                                                                 recurring periods when default in                                                                                                                                      making the payment or delivery in                                                                                                                                    respect of which execution is                                                                                                                                             sought, takes place :

 

                                                                                                                                Provided that an application for the                                                                                                                                                 enforcement or execution of a                                                                                                                                            decree granting a perpetual                                                                                                                                                injunction shall not be subject to                                                                                                                                      any period of limitation.

 

 

              [a] Substituted for the word "Where" by the Repealing  and Amending Act, 1964

              (52 of 1964), S.3 and Second Sch.(28-12-1964).

 

 

OBJECTS AND REASONS

 

Article 135.- "Existing Article 182 has been a fruitful  source of  litigation and therefore the proposed Article 135 (now Article 136) in lieu thereof  provides that the maximum period of limitation for the execution of a decree or order of any Civil Court shall be 12 years from the date when the decree or order became enforceable (which is usually the date of the decree or order) or, where the decree or subsequent order directs any payment of money or delivery of any property to be made at a certain date or at recurring periods, from the date of the default in making the payment or delivery in respect of which the applicant seeks to execute the decree or order.There is no reason why a decree should be kept alive for more than 12 years.Section 48 of the Civil Procedure Code, 1908, provides that a decree ceases to be enforceable after 12 years.In England also the time fixed for enforcing a judgment is 12 years.Where, however, the judgment-debtor has by fraud or force prevented the executing of a decree within the prescribed period, suitable provisions for extending the period are being made in clause 16 (now S.17) of the Bill on the lines of S.48 (2) of the Code of Civil Procedure, 1908.

 

Existing Article 183, which makes special provision for decrees and order of Courts established by Royal Charter, is no longer necessary.

 

It is also provided that the period  of  12 years will not apply to decrees granting  perpetual injunctions."-S.O.R.-Gaz.of Ind.,  19-6-62, Pt.II-S.2, Ext., pp.470, 471.

 

 

 

PART II – OTHER APPLICATIONS

 

 

137.         Any other application for which                       Three years.          When the right to apply accrues.

                no period of limitation is provided

                elsewhere in this Division.

 

 

OBJECTS AND REASONS

 

 

"As in the case of suits, Article 136 (now Art.137) which corresponds to existing Article 181, is the residuary article for all applications, including petitions."

 

Existing Articles 1, 3, 5, 6, 15, 16, 17, 18, 45, 46, 103, 104, 112, 121 and 130 have been omitted as recommended by the Law Commission.S.O.R.-Gaz.of Ind., 19-6-62, Pt.II-S.2, Ext., p.471.

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