Sriram's: Indian Limitation Act,1963

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:

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:

This Act may be called the Limitation Act, 1963.
It extends to the whole of India except the State of Jammu and Kashmir.
It shall come into force on such date ¹[ ] as the Central Government may, by notification in the Official Gazette, appoint.

[1] 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,--

"applicant" includes-
1. a petitioner;
2. any person from or through whom an applicant derives his right to apply;
3. any person whose estate is represented by the applicant as executor, administrator or other representative;
"application" includes a petition;
"bill of exchange" includes a hundi and a cheque;
"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;
"defendant" includes--
1. any person from or through whom a defendant derives his liability to be sued;
2. any person whose estate is represented by the defendant as executor, administrator or other representative;
"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;
"foreign country" means any country other than India;
"good faith"--nothing shall be deemed to be done in good faith which is not done with due care and attention;
"plaintiff" includes--
1. any person from or through whom a plaintiff derives his right to sue;
2. any person whose estate is represented by the plaintiff as executor, administrator or other representative;
"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."
"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;
"suit" does not include an appeal or an application;
"tort" means a civil wrong which is not exclusively the breach of a contract or the breach of a trust;
"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.

Contd.Page.2.

Sl. No.	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, open and current account, where there have been reciprocal demands between the parties.	Three years.	The close of the year in which the last item admitted or proved is entered in the account; such year to be computed as in the account.
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 for ovable property received by the latter and not accounted for	Three years.	When the account is, during the continuance of the agency, demanded and refused or, where no such demand is made, when the agency terminates.
4.	Other suits by principals against agents for neglect or misconduct	Three years.	When the neglect or misconduct becomes known to the plaintiff.
5.	For an account and a share of the profits of a dissolved partnership.	Three years.	The date of the dissolution.
PART II.—SUITS RELATING TO CONTRACTS
"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 other person.	Three years.	When the wages accrue due.
8.	For the price of food or drink sold by the keeper of a hotel, tavern or lodging-house.	Three years.	When the food or drink is delivered.
9.	For the price of lodging.	Three years.	When the price becomes payable.
10.	Against a carrier for compensation for losing or injuring goods.	Three years.	When the loss or injury occurs.
11.	Against a carrier for compensation for non-delivery of, or delay in delivering goods.	Three years.	When the goods ought to be be delivered.
12.	For the hire of animals, vehicles, boats or house-hold furniture.	Three years.	When the hire becomes payable.
13.	the balance of moneyadvanced in payment of goods to be delivered.	Three years.	When the goods ought to be delivered.
14.	For the price of goods sold and delivered where no fixed period of credit is agreed upon.	Three years.	The date of the delivery of the goods.
15.	For the price of goods sold and delivered to be paid for after the expiry of a fixed period of credit.	Three years.	When the period of credit expires.

Sl. No.	Description of suit	Period of limitation	Time from which period begins to run
16.	For the price of goods sold and delivered to be paid for by a bill of exchange, no such bill being given.	Three years.	When the period of the proposed bill elapses.
17.	For the price of trees or growing crops sold by the plaintiff to the defendant where no fixed period of credit is agreed upon.	Three years	For the price of trees or growing
18.	For the price of work done bythe plaintiff for the defendant at his request, where no time has been fixed for payment.	Three years	When the work is done
19.	For money payable for money lent.	Three years.	When the loan is made.
20.	Like suit when the lender has given a cheque for the money.	Three years.	When the cheque is paid.
21.	For money lend under an agreement that it shall be payable on demand.	Three years.	When the loan is made.
22.	For money deposited under an agreement that it shall be payable on demand, including money of a customer in the hands of his banker so payable.	Three years.	When the demand is made.
23.	For money payable to the plaintiff for money paid for the defendant.	Three years.	When the money is paid
24.	For money payable by the defendant to the plaintiff for money received by the defendant, for the plaintiff's use.	Three years.	When the money is received.
25.	For money payable for interest upon money due from the defendant to the plaintiff	Three years.	When the interest becomes due.
26.	For money payable to the plaintiff for money found to be due from the defendant to the plaintiff on accounts stated between them.	Three years.	When the accounts are stated in writing signed by the defendant or his agent duly authorised in this behalf, unless where the debt is, by a simultaneous agreement in writing signed as aforesaid, made payable at a future time, and then when that time arrives.
27.	For compensation for breach of a promise to do anything at a specified time, or upon the happening of a specifiedcontingency.	Three years.	When the time specified arrives or the contingency happens.
28.	On a single bond, where a day is specified for payment.	Three years.	The day so specified.
29.	On a single bond, where no such day is specified.	Three years.	The date of executing the bond.
30.	On a bond subject to a condition.	Three years.	When the condition is broken.

Sl. No.	Description of suit	Period of limitation	Time from which period begins to run
31.	On a bill of exchange or promissory note payable at a fixed time after date.	Three years.	When the bill or note falls due.
32.	On a bill of exchange payable at sight, or after sight, but not at a fixed time.	Three years.	When the bill is presented.
33.	On a bill of exchange accepted payable at a particular place.	Three years.	When the bill is presented at that place.
34.	On a bill of exchange or promissory note payable at a fixed time after sight or after demand.	Three years	When the fixe time expires.
35.	On a bill of exchange or promissory note payable on demand and not accompanied by any writing restraining or postponing the right to sue.	Three years.	The date of the bill or note.
36.	On a promissory note or bond payable by instalments.	Three years.	The expiration of the first term of payment as to the part then payable; and for the other parts, the expiration of the respective terms of payment.
37.	On a promissory note or bond payable by instalments, which provides that, if default be made in payment of one or more instalments, the whole shall be due.	Three years.	When the default is made, unless where the payee or obligee waives the benefit of the provision and then when fresh default is made in respect of which there is no such waiver.
38.	On a promissory note given by the maker to a third person to be delivered to the payee after a certain event should happen.	Three years.	The date of the delivery to the payee.
39.	On a dishonoured foreign bill where protest has been made and notice given.	Three years.	When the notice is given.
40.	By the payee against the drawer of a bill of exchange, which has been dishonoured by non-acceptance.	Three years.	The date of the refusal to accept.
41.	By the acceptor of an accommodation-bill against the drawer.	Three years.	When the acceptor pays the amount of the bill.
42.	By a surety against the principal debtor.	Three years.	When the surety pays the 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 when the sum insured is payable after proof of the death has been given to or received by the insurers.	Three years.	The date of the death of the deceased, or where the claim on the policy is denied, either partly or wholly, the date of such denial.
(b) On a policy of insurance when the sum insured is payable after proof of the loss has been given to or received by insurers.	Three years.	The date of occurrence causing the loss, or where the claim on, the policy is denied, either partly or wholly, the date of such denial.

Sl. No.	Description of suit	Period of limitation	Time from which period begins to run
45.	By the assured to recover premia paid under a policy voidable at the election of the insurers.	Three years.	When the insurers elect to avoid the policy.
46.	Under the Indian Succession Act, 1925, section 360 or section 361, to compel a refund by a person to whom an executor or administrator has paid a legacy or distributed assets.	Three years.	The date of the payment or distribution.
47.	For money paid upon an existing consideration which afterwards fails.	Three years.	The date of the failure.
48.	For contribution by a party who has paid the whole or more than his share of the amount due under a joint decree, or by a sharer in a oint estate who has paid the whole or more than his share of the amount of revenue due from himself and his co-sharers.	Three years.	The date of the payment in excess of the plaintiff's own share.
49.	By a co-trustee to enforce against the estate of a deceased trustee a claim for contribution.	Three years.	When the right to contribution accrues.
50.	By the manager of a joint estate of an undivided family for contribution, in respect of a payment made by him on account of the estate.	Three years.	The date of the payment.
51.	For the profits of immovable property belonging to the plaintiff which have been wrongfully received by the defendant.	Three years.	When the profits are received.
52.	For arrears of rent.	Three years.	When the arrears become due.
53.	By a vendor of immovable property for personal payment of unpaid purchase-money.	Three years.	The time fixed for completing the sale, or (where the title is accepted after the time fixed for completion) the date of the acceptance.
54.	For specific performance of a contract.	Three years.	The date fixed for the performance, or, if no such date is fixed, when the plaintiff has notice that performance is refused.
55.	For compensation for the breach of any contract, express or implied not specially provided for.	Three years.	When the contract is broken or (where there are successive breaches) when the breach in respect of which the suit is instituted occur or (where the breach is continuing) when it ceases.

Sl. No.	Description of suit	Period of limitation	Time from which period begins to run
PART III.-SUITS RELATING TO DECLARATIONS
56.	To declare the forgery of an instrument issued or registered.	Three years.	When the issue or registration becomes known to the plaintiff.
57.	To obtain a declaration that an alleged adoption is invalid, or never in fact, took place.	Three years.	When the alleged adoption becomes known to the plaintiff.
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 instrument or decree or for the rescission of a contract.	Three years.	When the facts entitling the plaintiff to have the instrument or decree cancelled or set aside or the contract rescinded first become known to him.
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 majority;	Three years.	When the ward attains majority.
(b) by the ward's legal representative-
(i) when the ward dies within three years from the date of attaining majority;	Three years.	When the ward attains majority.
(ii) when the ward dies before attaining majority.	Three years.	When the ward dies.
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 possession of immovable property mortgaged;	Three years.	When the right to redeem or to recover possession accrues.
(b) to recover possession of immovable property mortgaged and afterwards transferred by the mortgagee for a valuable consideration;	Three years.	When the transfer becomes known to the plaintiff.
(c) to recover surplus collections received by the mortgagee after the mortgage has been satisfied.	Three years.	When the mortgagor re-enters on the mortgaged property.
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 secured by a mortgage or otherwise charged upon immovable property.	Three years.	When the money sued for becomes due.
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 immovable property mortgaged.	Twelve years.	When the mortgagee becomes entitled to possession.

Sl. No.	Description of suit	Period of limitation	Time from which period begins to run
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 property based on previous possession and not on title, when the plaintiff while in possession of the property has been dispossessed.	Twelve years.	The date of dispossession.
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 property or any interest therein based on title.	Twelve years.	When the possession of the defendant becomes adverse to the plaintiff.
Explanation.-For the purposes of this article-
(a) where the suit is by a remainderman, a reversioner (other than a landlord) or a devisee, the possession of the defendant shall be deemed to become adverse only when the estate of the remainderman, 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 property when the plaintiff has become entitled to possession by reason of any forfeiture or breach of condition.	Twelve years.	When the forfeiture is incurred or the condition is broken.
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 possession from a tenant.	Twelve years.	When the tenancy is determined.
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 lost, or acquired by theft, or dishonest misappropriation or conversion.	Three years.	When the person having the right to the possession of the property first learns in whose possession it is.
69.	For other specific movable property.	Three years.	When the property is wrongfully taken.
70.	To recover movable property deposited or pawned from a depositary or pawnee.	Three years.	The date of refusal after demand.

Sl. No.	Description of suit	Period of limitation	Time from which period begins to run
71.	To recover movable property deposited or pawned, and afterwards bought from the depositary or pawnee for a valuable consideration.	Three years.	When the sale becomes known to the plaintiff.
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 or for omitting to do an act alleged to be in pursuance of any enactment in force for the time being in the territories to which this Act extends.	One year.	When the act or omission takeplace.
73.	For compensation for false imprisonment.	One year.	When the imprisonment ends.
74.	For compensation for a malicious prosecution.	One year.	When the plaintiff is acquitted or 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 service occasioned by the seduction of the plaintiff's servant or daughter.	One year.	When the loss occurs.
78.	For compensation for inducing a person to break a contract with the plaintiff.	One year.	The date of the breach.
79.	For compensation for an illegal, irregular or excessive distress.	One year.	The date of the distress.
80.	For compensation for wrongful seizure of movable property under legal process.	One year	The date of the seizure.
81.	By executors, administrators or representatives under the Legal Representatives Suits Act, 1855.	One year.	The date of the death of the person wronged.
82.	By executors, administrators or representatives under the Indian Fatal Accidents Act,1855.	Two years.	The date of the death of theperson killed.
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 -tatives' Suits Act, 1855, against an executor, an administrator or any other representative.	Two years.	When the wrong complained of is done.
84.	Against one who, having a right to use property for specific purposes, perverts it to other purposes.	Two years.	When the perversion first becomes known to the person injured thereby.

Sl. No.	Description of suit	Period of limitation	Time from which period begins to run
85.	For compensation for obstructing a way or a water course.	Three years.	The date of the obstruction.
86.	For compensation for diverting a water course.	Three years.	The date of the diversion.
87.	For compensation for trespass upon immovable property.	Three years.	The date of the trespass.
88.	For compensation for infringing copyright or any other exclusive privilege.	Three years.	The date of the infringement.
89.	To restrain waste.	Three years.	When the waste begins.
90.	For compensation for injurycaused by an injunction wrongfully obtained.	Three years.	When the injunction ceases.
91.	For compensation,-
(a) for wrongfully taking or detaining any specific movable property lost, or acquired by theft, or dishonest misappropriation or conversion;	Three years.	When the person having the right to the possession of the property first learns in whose possession it is;
(b) for wrongfully taking or injuring or wrongfully detaining any other specific movable property.	Three years.	When the property is wrongfully taken or injured, or when the detainer's possession becomes unlawful.
PART VIII - SUITS RELATING TO TRUSTS AND TRUST PROPERTY
92.	To recover possession of immovable property conveyed or bequeathed in trust and afterwards transferred by the trustee for a valuable consideration.	Twelve years.	When the transfer becomes known to the plaintiff.
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 o movable property conveyed or bequeathed in trust and afterwards transferred by the trustee for a valuable consideration.	Three years.	When the transfer becomes known to the plaintiff.
94.	To set aside a transfer of immovable property comprised in a Hindu, Muslim or Buddhist religious or charitable endowment, made by a manager thereof for a valuable consideration.	Twelve years.	When the transfer becomes known to the plaintiff.
95.	To set aside a transfer of immovable property comprised in a Hindu, Muslim or Buddhist religious or charitable endowment, made by a manager thereof for a valuable consideration.	Three years.	When the transfer becomes known to the plaintiff.
96.	By the manager of a Hindu, Muslim or Buddhist religious or charitable endowment to recover possession of movable or immovable property comprised in the endowment which has been transferred by a previous manager for avaluable consideration.	Twelve years.	he date of death, resignation or removal of the transferor or the date of appointment of the plaintiff as manager of the endowment, whichever is later.

Sl. No.	Description of suit	Period of limitation	Time from which period begins to run
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 emption whether the right is founded on law or general usage or on special contract.	One year.	When the purchaser takes under the pre-sale sought to be impeached, physical possession of the whole or part of the property sold, or, here 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 ¹[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 theorder.	One year.	The date of the final order.
99.	To set aside a sale by a civil or revenue Court or a sale for arrears of Government revenue or for any demand recoverable as such arrears.	One year.	When the sale is confirmed or would otherwise have become final and conclusive had no such suit been brought.
100.	To alter or set aside any decision or order of a Civil Court in any proceeding other than a suit or any act or order of an officer of Government in his official capacity.	One year.	The date of the final decision or order by the Court or the date of the act or order of the officer, as the case may be.
101.	Upon a judgment including a foreign judgment, or a recognisance.	Three years.	The date of the judgment or recognisance.
102.	For property which the plaintiff has conveyed while insane.	Three years.	When the plaintiff is restored to sanity and has knowledge of the conveyance.
103.	To make good out of the general estate of a deceased trustee the loss occasioned by a breach of trust.	Three years.	The date of the trustee's death or if the loss has not then resulted, the date of the loss.
104.	To establish a periodically recurring right.	Three years.	When the plaintiff is first refused the enjoyment of the right.
105.	By a Hindu for arrears of maintenance.	Three years.	When the arrears are payable.
106.	For a legacy or for a share of a residue bequeathed by a testator or for a distributive share of the property of an intestate against an executor or an administrator or some other person legally charged with the duty of distributing the estate.	Twelve years.	When the legacy or share becomes payable or deliverable.
[1] 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).

Sl. No.	Description of suit	Period of limitation	Time from which period begins to run
107.	For possession of a hereditary office.	Twelve years.	When the defendant takes 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 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.	Twelve years.	The date of the alienation.
109.	By a Hindu governed by Mitakshara law to set aside his father's alienation of ancestral property.	Twelve years	When the alienee takes possession of the property.
110.	By a person excluded from a joint family property to enforce right to share therein.	Twelve years.	When the exclusion becomes known to the plaintiff.
111.	By or on behalf of any local authority for possession of any public street or road or any part thereof from which it has been dispossessed or of which it has discontinued the possession.	Thirty years.	The date of the dispossession or discontinuance.
112.	Any suit (except a suit before the Supreme Court in the exercise of its original jurisdiction) by or on behalf of the Central Government or any State Government including the Government of the State of Jammu and Kashmir.	Thirty years.	When the period of limitation would begin to run under this Act against a like suit by a private person.
PART X - SUITS FOR WHICH THERE IS NO PRESCRIBED PERIOD.
113.	Any suit for which no period of limitation is provided elsewhere in this Schedule.	Three years.	When the right to sue accrues.
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.

Sl. No.	Description of appeal	Period of Limitation	Time from which period beginst o run
114.	Appeal from an order of acquittal,-
(a)under sub-section (1) or sub-section (2) of section 417 of the Code of Criminal Procedure, 1898;	Ninety days.	The date of the order appealed from.
(b) under sub-section (3) of section 417 of that Code.	Thirty days.	The date of the grant of special leave.
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.

Sl. No.	Description of appeal	Period of Limitation	Time from which period beginst o run
115.	Under the Code of Criminal Procedure, 1898—
(a) from a sentence of death passed by a Court of Session or by a High Court in the exercise of its original criminal jurisdiction;	Thirty days.	The date of the sentence.
(b) from any other sentence or any order not being an order of acquittal-
(i) to the High Court	Sixty days.	The date of the sentence or order.
(ii) to any other Court	Thirty days.	The date of the sentence or order.
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 any decree or order;	Ninety days.	The date of the decree or order.
(b) to any other Court from any decree or order.	Thirty days.	The date of the decree or order.
117.	From a decree or order of any High Court to the same Court.	Thirty days.	The date of the decree or order.
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.

Sl. No.	Description of application	Period of limitation	Time from which period begins to run
THIRD DIVISION - APPLICATIONS
PART I - APPLICATIONS IN SPECIFIED CASES
118.	For leave to appear and defend a suit under summary procedure.	Ten days.	When the summons is served.
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 an award remitted for reconsideration.	Thirty days.	The date of service of the notice 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,1908, to have the legal representative of a deceased plaintiff or appellant or of a deceased defendant or respondent, made a party.	Ninety days.	The date of death of the plaintiff, appellant, defendant or respondent as the case may be.
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 to set aside an abatement.	Sixty days.	The date of abatement.
122.	To restore a suit or appeal or application for review or revision dismissed for default of appearance or for want of prosecution or for failure to pay costs of service of process or to furnish security for costs.	Thirty days.	The date of dismissal.
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.

Sl. No.	Description of application	Period of limitation	Time from which period begins to run
123.	To set aside a decree passed ex parte or to rehear an appeal decreed or heard ex parte.	Thirty days.	The date of the decree or where the summons or notice was not duly served, when the applicant had knowledge of the decree.
Explanation.—For the purpose of this article, substituted service under rule 20 of Order V of the Code of Civil Procedure, 1908 (5 of 1908) shall not be deemed to be due service.
"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 other than the Supreme Court.	Thirty days.	The date of the decree or order.
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 satisfaction of a decree.	Thirty days.	When the payment or adjustment is made.
126.	For the payment of the amount of a decree by instalments.	Thirty days.	The date of the decree.
127.	To set aside a sale in execution of the decree, including any such application by a judgment-debtor.	¹[Sixty days].	The date of the sale.
128.	For possession by one dispossessed of immovable property and disputing the right of the decree-holder or purchaser at a sale in execution of a decree.	Thirty days.	The date of the dispossession.
129.	For possession after removing resistance or obstruction to delivery of possession of immovable property decreed or sold in execution of a decree.	Thirty days.	The date of resistance or obstruction.
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 powers of revision under the Code of Civil Procedure, 1908 or the Code of Criminal Procedure, 1898.	Ninety days.	The date of the decree or order or sentence sought to be revised.
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 of fitness to appeal to the Supreme 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.	Sixty days.	The date of the decree, order or sentence.
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.
[1] Substituted for the words "thirty days" by Act 104 of 1976, S.98, (1-2-1977).

Sl. No.	Description of application	Period of limitation	Time from which period beginsto run
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 was refused by the High Court;	Sixty days.	The date of the order of refusal.
(c) in any of other case.	Ninety days.	The date of the judgment or order.
134.	For delivery of possession by a purchaser of immovable property at a sale in execution of a decree.	One year.	When the sale becomes absolute.
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 granting a mandatory injunction.	Three years.	T he date of the decree or where adate 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 (other than a decree granting a mandatory injunction) or order of any Civil Court.	Twelve years.	¹[When] the decree or order becomes enforceable or where the decree or any subsequent order directs any payment of money or the delivery of any property to be made at a certain date or at recurring periods when default in making the payment or delivery in respect of which execution is sought, takes place : Provided that an application for the enforcement or execution of a decree granting a perpetual injunction shall not be subject to any period of limitation.
[1] Substituted for the word "Where" by the Repealing and Amending Act, 1964(52 of 1964), S.3 and Second Sch.(28-12-1964).
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 no period of limitation is provided elsewhere in this Division.	Three years.	When the right to apply accrues.
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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