The Limitation Act, 1963
# THE LIMITATION ACT, 1963


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# ARRANGEMENT OF SECTIONS

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PART I


PRELIMINARY


SECTIONS

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 the accrual of the right to sue.

17. Effect of fraud or mistake.

18. Effect of acknowledgment in writing.

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

20. Effect of acknowledgment 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.


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PART V

MISCELLANEOUS

SECTIONS

28. [Repealed.]

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. [Repealed.]

THE SCHEDULE.


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# THE LIMITATION ACT, 1963


# ACT NO. 36 OF 1963

[5th October, 1963.]

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

BE it enacted by Parliament in the Fourteenth Year of the Republic of India as follows:—

PART I

PRELIMINARY

**1. Short title, extent and commencement.—(1) This Act may be called the Limitation Act, 1963.**

(2) It extends to the whole of India [1]***.

(3) It shall come into force on such date[2] as the Central Government may, by notification in the

Official Gazette, appoint.


**2. Definitions.—In this Act, unless the context otherwise requires,—**

(a) “applicant” includes—

(i) a petitioner;

(ii) any person from or through whom an applicant derives his right to apply;

(iii) any person whose estate is represented by the applicant as executor, administrator or

other representative;

(b) “application” includes a petition;

(c) “bill of exchange” includes a hundi and a cheque;

(d) “bond” includes any instrument whereby a person obliges himself to pay money to another,

on condition that the obligation shall be void if a specified act is performed, or is not performed, as
the case may be;

(e) “defendant” includes—

(i) any person from or through whom a defendant derives his liability to be sued;

(ii) any person whose estate is represented by the defendant as executor, administrator or

other representative;

(f) “easement” includes a right not arising from contract, by which one person is entitled to

remove and appropriate for his own profit any part of the soil belonging to another or anything
growing in, or attached to, or subsisting upon, the land of another;

(g) “foreign country” means any country other than India;

(h) “good faith”—nothing shall be deemed to be done in good faith which is not done with due

care and attention;

(i) “plaintiff” includes—

(i) any person from or 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;


1. The words “except the State of Jammu and Kashmir” omitted by Act 34 of 2019, s. 95 and the Fifth Schedule (w.e.f. 31
10- 2019).

2. 1st January, 1964, vide notification No. S.O. 3118, dated 29th October, 1963, see Gazette of India, Part II, sec. 3 (ii).
Amended in West Bengal by W.B. Act 18 of 1977.

1st September, 1984, _vide notification No. S.O. 647(C), in respect of the State of Sikkim dated 24th August, 1984,_ _see_
Gazette of India, Part II, sec. 3(ii).


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(j) “period of limitation” means the period of limitation prescribed for any suit, appeal or

application by the Schedule, and “prescribed period” means the period of limitation computed in
accordance with the provisions of this Act;

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

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

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

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

trust;

(n) “trustee” does not include a _benamidar, a mortgagee remaining in possession after the_

mortgage has been satisfied or a person in wrongful possession without title.


PART II


LIMITATION OF SUITS, APPEALS AND APPLICATIONS


**3. Bar of limitation.—(1) Subject to the provisions contained in sections 4 to 24 (inclusive), every**

suit instituted, appeal preferred, and application made after the prescribed period shall be dismissed,
although limitation has not been set up as a defence.


(2) For the purposes of this Act,—


(a) a suit is instituted,—

(i) in an ordinary case, when the plaint is presented to the proper officer;


(ii) in the case of a pauper, when his application for leave to sue as a pauper is made; and


(iii) in the case of a claim against a company which is being wound up by the court, when the

claimant first sends in his claim to the official liquidator;

(b) any claim by way of a set off or a counter claim, shall be treated as a separate suit and shall be

deemed to have been instituted—


(i) in the case of a set off, on the same date as the suit in which the set off is pleaded;


(ii) in the case of a counter claim, on the date on which the counter claim is made in court;

(c) an application by notice of motion in a High Court is made when the application is presented

to the proper officer of that court.

**4. Expiry of prescribed period when court is closed.—Where the prescribed period for any suit,**

appeal or application expires on a day when the court is closed, the suit, appeal or application may be
instituted, preferred or made on the day when the court 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.

**5. Extension of prescribed period in certain cases.—Any appeal or any application, other than an**

application under any of the provisions of Order XXI of the Code of Civil Procedure, 1908 (5 of 1908),
may be admitted after the prescribed period if the appellant or the applicant satisfies the court that he had
sufficient cause for not preferring the appeal or making the application within such period.

_Explanation.—The fact that the appellant or the applicant was misled by any order, practice or_

judgment of the High Court in ascertaining or computing the prescribed period may be sufficient cause
within the meaning of this section.

**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 there for in the third column of the
Schedule.


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(2) Where such person is, at the time from which the prescribed period is to be reckoned, affected by

two such disabilities, or where, before his disability has ceased, he is affected by another disability, he
may institute the suit or make the application within the same period after both disabilities have ceased, as
would otherwise have been allowed from the time so specified.

(3) Where the disability continues up to the death of that person, his legal representative may institute

the suit or make the application within the same period after the death, as would otherwise have been
allowed from the time so specified.

(4) Where the legal representative referred to in sub-section (3) is, at the date of the death of the

person whom he represents, affected by any such disability, the rules contained sub-sections (1) and (2)
shall apply.

(5) Where a person under disability dies after the disability ceases but within the period allowed to

him under this section, his legal representative may institute the suit or make the application within the
same period after the death, as would otherwise have been available to that person had he not died.

_Explanation.—For the purposes of this section, ‘minor’ includes a child in the womb._

**7. Disability of one of several persons.—Where one of several persons jointly entitled to institute a**

suit or make an application for the execution of a decree is under any such disability, and a discharge can
be given without the concurrence of such person, time will run against them all; but, where no such
discharge can be given, time will not run as against any of them until one of them becomes capable of
giving such discharge without the concurrence of the others or until the disability has ceased.

_Explanation I.—This section applies to a discharge from every kind of liability, including a liability_

in respect of any immovable property.

_Explanation II.—For the purposes of this section, the Manager of a Hindu undivided family governed_

by the Mitakshara law shall be deemed to be capable of giving a discharge without the concurrence of the
other members of the family only if he is in management of the joint family property.

**8. Special exceptions.—Nothing in section 6 or in section 7 applies to suits to enforce rights of pre-**

emption, or shall be deemed to extend, for more than three years from the cessation of the disability or the
death of the person affected thereby, the period of limitation for any suit or application.

**9. Continuous running of time.—Where once time has begun to run, no subsequent disability or**

inability to institute a suit or make an application stops it:

Provided that, where letters of administration to the estate of a creditor have 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 on in a foreign
country unless—


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(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 [1]*** 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.

**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 (5 of 1908), the provisions of sub-section (1) shall apply in relation to a fresh suit instituted on
permission granted by the court under rule 1 of that Order, where such permission is granted on the
ground that the first suit must fail by reason of a defect in the jurisdiction of the court or other cause of a
like nature.

_Explanation.—For the purposes of this section,—_

(a) in excluding the time during which a former civil proceeding was pending, the day on which

that proceeding was instituted and the day on which it ended shall both be counted;

1. The words “on which the decree or order is founded” omitted by Act 46 of 1999, s. 33 (w.e.f. 1-7-2002).


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(b) a plaintiff or an applicant resisting an appeal shall be deemed to be prosecuting a proceeding;

(c) misjoinder of parties or of causes of action shall be deemed to be a cause of a like nature with

defect of jurisdiction.


**15. Exclusion of time in certain other cases.—(1) In computing the period of limitation of any suit**

or application for the execution of a decree, the institution or execution of which has been stayed by
injunction or order, the time of the continuance of the injunction or order, the day on which it was issued
or made, and the day on which it was withdrawn, shall be excluded.

(2) In computing the period of limitation for any suit of which notice has been given, or for which the

previous consent or sanction of the Government or any other authority is required, in accordance with the
requirements of any law for the time being in force, the period of such notice or, as the case may be, the
time required for obtaining such consent or sanction shall be excluded.

_Explanation.—In excluding the time required for obtaining the consent or sanction of the_

Government or any other authority, the date on which the application was made for obtaining the consent
or sanction and the date of receipt of the order of the Government or other authority shall both be
counted.

(3) In computing the period of limitation for any suit or application for execution of a decree by any

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

(4) In computing the period of limitation for a suit for possession by a purchaser at a sale in execution

of a decree, the time during which a proceeding to set aside the sale has been prosecuted shall be
excluded.

(5) In computing the period of limitation for any suit the time during which the defendant has been

absent from India and from the territories outside India under the administration of the Central
Government, shall be excluded.

**16. Effect of death on or before the accrual of the right to sue.—(1) Where a person who would, if**

he were living, have a right to institute a suit or make an application dies before the right accrues, or
where a right to institute a suit or make an application accrues only on the death of a person, the period of
limitation shall be computed from the time when there is a legal representative of the deceased capable of
instituting such suit or making such application.

(2) Where a person against whom, if he were living, a right to institute a suit or make an application

would have accrued dies before the right accrues, or where a right to institute a suit or make an
application against any person accrues on the death of such person, the period of limitation shall be
computed from the time when there is a legal representative of the deceased against whom the plaintiff
may institute such suit or make such application.

(3) Nothing in sub-section (1) or sub-section (2) applies to suits to enforce rights of pre-emption or to

suits for the possession of immovable property or of a hereditary office.

**17. Effect of fraud or mistake.—(1) Where, in the case of any suit or application for which a period**

of limitation is prescribed by this Act,—

(a) the suit or application is based upon the fraud of the defendant or respondent or his agent; or

(b) the knowledge of the right or title on which a suit or application is founded is concealed by

the fraud of any such person as aforesaid; or

(c) the suit or application is for relief from the consequences of a mistake; or

(d) where any document necessary to establish the right of the plaintiff or applicant has been

fraudulently concealed from him,


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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.

**18. Effect of acknowledgment in writing.—(1) Where, before the expiration of the prescribed**

period for a suit or application in respect of any property or right, an acknowledgment of liability in
respect of such property or right has been made in writing signed by the party against whom such
property or right is claimed, or by any person through whom he derives his title or liability, a fresh period
of limitation shall be computed from the time when the acknowledgment was so signed.

(2) Where the writing containing the acknowledgment is undated, oral evidence may be given of the

time when it was signed; but subject to the provisions of the Indian Evidence Act, 1872 (1 of 1872), oral
evidence of its contents shall not be received.

_Explanation.—For the purposes of this section,—_

(a) an acknowledgment may be sufficient though it omits to specify the exact nature of the

property or right, or avers that the time for payment, delivery, performance or enjoyment has not yet
come or is accompanied by a refusal to pay, deliver, perform or permit to enjoy, or is coupled with a
claim to set off, or is addressed to a person other than a person entitled to the property or right,

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

behalf, and

(c) an application for the execution of a decree or order shall not be deemed to be an application

in respect of any property or right.


**19. Effect of payment on account of debt or of interest on legacy.—Where payment on account of**

a debt or of interest on a legacy is made before the expiration of the prescribed period by the person liable
to pay the debt or legacy or by his agent duly authorised in this behalf, a fresh period of limitation shall be
computed from the time when the payment was made:

Provided that, save in the case of payment of interest made before the 1st day of January, 1928, an

acknowledgment of the payment appears in the handwriting of, or in a writing signed by, the person
making the payment.

_Explanation.—For the purposes of this section,—_


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(a) where mortgaged land is in the possession of the mortgagee, the receipt of the rent or produce

of such land shall be deemed to be a payment;

(b) “debt” does not include money payable under a decree or order of a court.

**20. Effect of acknowledgment or payment by another person.—(1) The expression “agent duly**

authorised in this behalf” in sections 18 and 19 shall, in the case of a person under disability, include his
lawful guardian, committee or manager or an agent duly authorised by such guardian, committee or
manager to sign the acknowledgment or make the payment.

(2) Nothing in the said sections renders one of several joint contractors, partners, executors or

mortgagees chargeable by reason only of a written acknowledgment signed by, or of a payment made by,
or by the agent of, any other or others of them.

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

(a) an acknowledgment signed or a payment made in respect of any liability by, or by the duly

authorised agent of, any limited owner of property who is governed by Hindu law, shall be a valid
acknowledgment or payment, as the case may be, against a reversioner succeeding to such liability;
and

(b) where a liability has been incurred by, or on behalf of a Hindu undivided family as such, an

acknowledgment or payment made by, or by the duly authorised agent of, the manager of the family
for the time being shall be deemed to have been made on behalf of the whole family.

**21. Effect of substituting or adding new plaintiff or defendant.—(1) Where after the institution of**

a suit, a new plaintiff or defendant is substituted or added, the suit shall, as regards him, be deemed to
have been instituted when he was so made a party:

Provided that where the court is satisfied that the omission to include a new plaintiff or defendant was

due to a mistake made in good faith it may direct that the suit as regards such plaintiff or defendant shall
be deemed to have been instituted on any earlier date.

(2) Nothing in sub-section (1) shall apply to a case where a party is added or substituted owing to

assignment or devolution of any interest during the pendency of a suit or where a plaintiff is made a
defendant or a defendant is made a plaintiff.

**22. Continuing breaches and torts.—In the case of a continuing breach of contract or in the case of**

a continuing tort, a fresh period of limitation begins to run at every moment of the time during which the
breach or the tort, as the case may be, continues.

**23. Suits for compensation for acts not actionable without special damage.—In the case of a suit**

for compensation for an act which does not give rise to a cause of action unless some specific injury
actually results therefrom, the period of limitation shall be computed from the time when the injury
results.

**24. Computation of time mentioned in instruments.—All instruments shall for the purposes of this**

Act be deemed to be made with reference to the Gregorian calendar.

PART IV

ACQUISITION OF OWNERSHIP BY POSSESSION

**25. Acquisition of 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.


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(3) Where the property over which a right is claimed under sub-section (1) belongs to the

Government that sub-section shall be read as if for the words “twenty years” the words “thirty years”
were substituted.

_Explanation.—Nothing is an interruption within the meaning of this section, unless where there is an_

actual discontinuance of the possession or enjoyment by reason of an obstruction by the act of some
person other than the claimant, and unless such obstruction is submitted to or acquiesced in for one year
after the claimant has notice thereof and of the person making or authorising the same to be made.

**26. Exclusion in favour of reversioner of serivent 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 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.

**27. Extinguishment of right to property.—At the determination of the period hereby limited to any**

person for instituting a suit for possession of any property, his right to such property shall be
extinguished.

PART V

MISCELLANEOUS

**28.** [Amendment of certain Acts.]—Rep. by Repealing and Amending Act, 1974 (56 _of 1974),s._

2andtheFirst Schedule (w.e.f. 20-12-1974).

**29. Savings.—(1) Nothing in this Act shall affect section 25 of the Indian Contract Act, 1872 (9 of**

1872).

(2) Where any special or local law prescribes for any suit, appeal or application a period of limitation

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

(3) Save as otherwise provided in any law for the time being in force with respect to marriage and

divorce, nothing in this Act shall apply to any suit or other proceeding under any such law.

(4) Sections 25 and 26 and the definition of “easement” in section 2 shall not apply to cases arising in

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

**30. Provision for suits, etc., for which the prescribed period is shorter than the period**

**prescribed by the Indian Limitation Act, 1908.—Notwithstanding anything contained in this Act,—**

(a) any suit for which the period of limitation is shorter than the period of limitation prescribed by

the Indian Limitation Act, 1908 (9 of 1908), may be instituted within a period of[1][seven years] next
after the commencement of this Act or within the period prescribed for such suit by the Indian
Limitation Act, 1908 (9 of 1908), whichever period expires earlier:

2[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 (9 of 1908) and the
said period of seven years together with so much of the period of limitation in respect of such suit
under the Indian Limitation Act, 1908 (9 of 1908), as has already expired before the commencement
of this Act is shorter than the period prescribed for such suit under this Act, then, the suit may be
instituted within the period of limitation prescribed therefor under this Act;]

1. Subs. by Act 10 of 1969, s. 2, for “five years” (retrospectively).
2. Ins. by s. 2, ibid. (retrospectively).


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(b) any appeal or application for which the period of limitation is shorter than the period of

limitation prescribed by the Indian Limitation Act, 1908 (9 of 1908), may be preferred or made within
a period of ninety days next after the commencement of this Act or within the period prescribed for
such appeal or application by the Indian Limitation Act, 1908, whichever period expires earlier.

**STATE AMENDMENT**

**Jammu and Kashmir and Ladakh (UTs).—**

**Insertion of Section 30A .— After section 30, insert the following section, namely: —**

**“30A. Provision for suits, etc., for which the prescribed period is shorter than the period**

**prescribed by the Limitation Act, samvat 1995.—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 Limitation Act, Samvat 1995, may be instituted within a period of one year next after
the commencement of the Jammu and Kashmir Reorganisation Act, 2019 or within the period
prescribed for such suit by the Limitation Act, Samvat 1995, whichever period expires
earlier:

Provided that if in respect of any such suit, the said period of one year expires earlier than
period of limitation prescribed therefor under the Limitation Act, Samvat 1995 (now
repealed) and the said period of one year together with so much of the period of limitation in
respect of such suit under the said Act, as has already expired before the commencement of
the Jammu and Kashmir Reorganisation Act, 2019 is shorter than the period prescribed for
such suit under the Limitation Act, 1963, then, the suit may be instituted within the period of
limitation prescribed therefor under the Limitation Act, 1963;

(b) Any appeal or application for which the period of limitation is shorter than the period of

limitation prescribed by the Limitation Act, Samvat 1995, may be preferred or made within a
period of ninety days next after the commencement of the Jammu and Kashmir
Reorganisation Act, 2019 or within the period prescribed for such appeal or application by
the Limitation Act, Samvat 1995, whichever period expires earlier.”

[Vide the Jammu and Kashmir Reorganization (Adaptation of Central Laws) _Order, 2020,_ _vide_

_notification No._ _S.O._ 1123(E) dated (18-3-2020) and _Vide_ _Union Territory of Ladakh Reorganisation_
_(Adaptation of Central Laws) Order, 2020, notification No. S.O. 3774(E), dated (23-10-2020).]_

**31. Provisions as to barred or pending suits, etc.—Nothing in this Act shall,—**

(a) enable any suit, appeal or application to be instituted, preferred or made, for which the period

of limitation prescribed by the Indian Limitation Act, 1908 (9 of 1908), expired before the
commencement of this Act; or

(b) affect any suit, appeal or application instituted, preferred or made before, and pending at, such

commencement.

**32. [Repeal.]—Rep. by Repealing and Amending Act, 1974 (56 of 1974), s. 2 and the First Schedule**

(w.e.f. 20-12-1974).


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THE SCHEDULE

(PERIODS OF LIMITATION)

[See sections 2(j) and 3]

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,

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

movable property received by the
latter and not accounted for.

4. Other suits by principals against

agents for neglect or misconduct.

5. For an account and a share of the

profits of a dissolved partnership.


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.

Three years. When the neglect or misconduct becomes

known to the plaintiff.

Three years. The date of the dissolution.


PART II.—SUITS RELATING TO CONTRACTS

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.

8. For the price of food or drink sold

by the keeper of a hotel, tavern
or lodging-house.


Three years. When the wages accrue due.

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.

11. Against a carrier for compensation

for non-delivery of, or delay in
delivering, goods.

12. For the hire of animals, vehicles,

boats or household furniture.

13. For the balance of money advanced

in payment of goods to be
delivered.

14. For the price of goods sold and

delivered where no fixed period
of credit is agreed upon.

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 loss or injury occurs.

Three years. When the goods ought to be delivered.

Three years. When the hire becomes payable.

Three years. When the goods ought to be delivered.

Three years. The date of the delivery of the goods.

Three years. When the period of credit expires.


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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.

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.

18. For the price of work done by the

plaintiff for the defendant at his
request, where no time has been
fixed for payment.


Three years. When the period of the proposed bill

elapses.

Three years. The date of the sale.

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.

21. For money lent under an agreement

that it shall be payable on
demand.

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.

23. For money payable to the plaintiff

for money paid for the

defendant.

24. For money payable by the

defendant to the plaintiff for
money received by the

defendant, for the plaintiff's use.

25. For money payable for interest

upon money due from the
defendant to the plaintiff.

26. For money payable to the plaintiff

for money found to be due from
the defendant to the plaintiff on
accounts stated between them.

27. For compensation for breach of a

promise to do anything at a
specified time, or upon the
happening of a specified

contingency.

28. On a single bond, where a day is

specified for payment.

29. On a single bond, where no such

day is specified.


Three years. When the cheque is paid.

Three years. When the loan is made.

Three years. When the demand is made.

Three years. When the money is paid.

Three years. When the money is received.

Three years. When the interest becomes due.

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.

Three years. When the time specified arrives or the

contingency happens.

Three years. The day so specified.

Three years. The date of executing the bond.


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


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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.

32. On a bill of exchange payable at

sight, or after sight, but not at a
fixed time.

33. On a bill of exchange accepted

payable at a particular place.

34. On a bill of exchange or promissory

note payable at a fixed time after
sight or after demand.

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.

36. On a promissory note or bond

payable by instalments.

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.

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.

39. On a dishonoured foreign bill

where protest has been made
and notice given.

40. By the payee against the drawer of

a bill of exchange, which has
been dishonoured bynon
acceptance.

41. By the acceptor of an

accommodation-bill against the
drawer.

42. By a surety against the principal

debtor.


Three years. When the bill or note falls due.

Three years. When the bill is presented.

Three years. When the bill is presented at that place.

Three years. When the fixed time expires.

Three years. The date of the bill or note.

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.

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.

Three years. The date of the delivery to the payee.

Three years. When the notice is given.

Three years. The date of the refusal to accept.

Three years. When the acceptor pays the amount of the

bill.

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.

(b) On a policy of insurance when

the sum insured is payable after
proof of the loss has been given
to or received by the insurers.


Three years. 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.

Three years. The date of the occurrence causing the

loss, or where the claim on the policy
is denied, either partly or wholly, the
date of such denial.


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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.

46. Under the Indian Succession Act,

1925 (39 of 1925), section 360
or section 361, to compel a
refund by a person to whom an
executor or administrator has
paid a legacy or distributed
assets.

47. For money paid upon an existing

consideration which afterwards
fails.

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
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 against

the estate of a deceased trustee a
claim for contribution.

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.

51. For the profits of immovable

property belonging to the

plaintiff which have been

wrongfully received by the
defendant.


Three years. When the insurers elect to avoid the

policy.

Three years. The date of the payment or distribution.

Three years. The date of the failure.

Three years. The date of the payment in excess of the

plaintiff’s own share.

Three years. When the right to contribution accrues.

Three years. The date of the payment.

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.

54. For specific performance of a

contract.

55. For compensation for the breach of

any contract, express or implied
not herein specially provided
for.


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.

Three years. The date fixed for the performance, or, if

no such date is fixed, when the
plaintiff has notice that performance
is refused.

Three years. When the contract is broken or (where

there are successive breaches) when
the breach in respect of which the
suit is instituted occurs or (where the
breach is continuing) when it ceases.


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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.

57. To obtain a declaration that an

alleged adoption is invalid, or
never, in fact, took place.


Three years. When the issue or registration becomes

known to the plaintiff.

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.

60. To set aside a transfer of property

made by the guardian of a
ward—

(a) by the ward who has attained

majority;

(b)by the ward’s legal

representative—

(i) when the ward dies within

three years from the date of
attaining majority.

(ii) when the ward dies before

attaining majority.


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.

Three years. When the ward attains majority.

Three years. When the ward attains majority.

Three years. When the ward dies.


PART V.—SUITS RELATING TO IMMOVABLE PROPERTY


61. By a mortgagor—

(a)to redeem or recover

possession of immovable

property mortgaged;

(b)to recover possession of

immovable property mortgaged
and afterwards transferred by
the mortgagee for a valuable
consideration;

(c) to recover surplus collections

received by the mortgagee after
the mortgage has been

satisfied.

62. To enforce payment of money

secured by a mortgage or

otherwise charged upon

immovable property.

63. By a mortgagee—


Thirty years. When the right to redeem or to recover

possession accrues.

Twelve years. When the transfer becomes known to the

plaintiff.

Three years. When the mortgagor re-enters on the

mortgaged property.

Twelve years. When the money sued for becomes due.


(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.


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Description of suit Period of limitation Time from which period begins to run


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.

65. [For ] possession of immovable

property or any interest therein
based on title.

_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 is by a Hindu

or Muslim entitled to the
possession of immovable

property on the death of a
Hindu or Muslim female, the
possession of the defendant
shall be deemed to become
adverse only when the female
dies;

(c)where the suit is by a

purchaser at a sale in execution
of a decree when the judgmentdebtor 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.

66. For possession of immovable

property when the plaintiff has
become entitled to possession by
reason of any forfeiture or breach
of condition.

67. By a landlord to recover possession

from a tenant.


Twelve years. The date of dispossession.

Twelve years. When the possession of the defendant

becomes adverse to the plaintiff.

Twelve years. When the forfeiture is incurred or the

condition is broken.

Twelve years. When the tenancy is determined.


PART VI.—SUITS RELATING TO MOVABLE PROPERTY


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.


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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

depository or pawnee for a
valuable consideration.


Three years. When the sale becomes known to the

plaintiff.


PART VII.—SUITS RELATING TO TORT


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.

73. For compensation for false

imprisonment.

74. For compensation for a malicious

prosecution.


One year. When the act or omission takes place.

One year. When the imprisonment ends.

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.

78. For compensation for inducing a

person to break a contract with
the plaintiff.

79. For compensation for an illegal,

irregular or excessive distress.

80. For compensation for wrongful

seizure of movable property
under legal process.

81. By executors, administrators or

representatives under the Legal
Representatives’ Suits Act, 1855
(12 of 1855).

82. By executors, administrators or

representatives under the Indian
Fatal Accidents Act, 1855 (13 of
1855).

83. Under the Legal Representatives’

Suits Act, 1855 (12 of 1855),
against an executor, an

administrator or any other

representative.

84. Against one who, having a right to

use property for specific

purposes, perverts it to other
purposes.


One year. When the loss occurs.

One year. The date of the breach.

One year. The date of the distress.

One year. The date of the seizure.

One year. The date of the death of the person

wronged.

Two years. The date of the death of the person killed.

Two years. When the wrong complained of is done.

Two years. When the perversion first becomes known

to the person injured thereby.


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Description of suit Period of limitation Time from which period begins to run


85. For compensation for obstructing a

way or a water-course.

86. For compensation for diverting a

water-course.

87. For compensation for trespass upon

immovable property.

88. For compensation for infringing

copyright or any other exclusive
privilege.


Three years. The date of the obstruction.

Three years. The date of the diversion.

Three years. The date of the trespass.

Three years. The date of the infringement.


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


90. For compensation for injury caused

by an injunction wrongfully

obtained.

91. For compensation,—

(a)for wrongfully taking or detaining

any specific    movable
property lost, oracquired by theft,
or dishonest misappropriation, or
conversion;

(b) for wrongfully taking or injuring

or wrongfully detaining any other
specific movable property.


Three years. When the injunction ceases.


Three years. When the property is wrongfully taken or

injured, or when the detainer’s
possession becomes unlawful.


Three years.


When the person having the right to the

possession of the property first learns
in whose possession it is.


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.

93. To recover possession of movable

property conveyed or bequeathed
in trust and afterwards transferred
by the trustee for a valuable
consideration.

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.

95. To set aside a transfer of movable

property comprised in a Hindu,
Muslim or Buddhist religious or
charitable endowment, made by a
manager thereof for a valuable
consideration.

96. [By the manager of Hindu, Muslim or ]

Buddhist religious or charitable
endowment to recover possession
of movable or immovable

properly comprised in the

endowment which has been

transferred by a previous

manager for a valuable

consideration.


Twelve years. When the transfer becomes known to the

plaintiff.

Three years. When the transfer becomes known to the

plaintiff.

Twelve years. When the transfer becomes known to the

plaintiff.

Three years. When the transfer becomes known to the

plaintiff.

Twelve years. The 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.


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Description of suit Period of limitation Time from which period begins to run

PART IX.—SUITS RELATING TO MISCELLANEOUS MATTERS


97. To enforce a right of pre-emption

whether the right is founded on
law or general usage or on
special contract.

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
(5 of 1908), or an order under
section 28 of thePresidency
Small Cause Courts Act, 1882
(15 of 1882), has been made, to
establish the right which he
claims to the property

comprised in the order.

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.

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.

101. Upon a judgment, including a

foreign judgment, or a

recognisance.

102. For property which the plaintiff has

conveyed while insane.

103. To make good out of the general

estate of a deceased trustee the
loss occasioned by a breach of
trust.

104. To establish a periodically

recurring right.

105. By a Hindu for arrears of

maintenance.

106. For a legacy or for a share of a

residur 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.


One year. When the purchaser take under the sale

sought to be impeached, physical
possession of the whole or part of the
property sold, or, 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.

One year. The date of the final order.

One year. When the sale is confirmed or would

otherwise have become final and
conclusive had no such suit been
brought.

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.

Three years. The date of the judgment or recognisance.

Three years. When the plaintiff is restored to sanity

and has knowledge of the conveyance.

Three years. The date of the trustee's death or if the

loss has not then resulted, the date of
the loss.

Three years. When the plaintiff is first refused the

enjoyment of the right.

Three years. When the arrears are payable.

Twelve years. When the legacy or share becomes

payable or deliverable.


1. Subs. by Act 52 of 1964, s. 3 and the Second Schedule, for “an order under rule 63 or rule 103,” (w.e.f. 29-12-1964).


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Description of suit Period of limitation Time from which period begins to run


107. For possession of a hereditary

office.

_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
Muslim who, if the female died
at the date of instituting the suit,
would be entitled to the

possession of land, to have an
alienation of such land made by
the female declared to be void
except for her life or until her remarriage.

109. By a Hindu governed by

Mitakshara law to set aside his
father’s alienation of ancestral
property.

110. By a person excluded from a joint

family property to enforce a
right to share therein.

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.

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.


Twelve years. When the defendant takes possession of

the office adversely to the plaintiff.

Twelve years. The date of the alienation.

Twelve years. When the alienee takes possession of the

property.

Twelve years. When the exclusion becomes known to

the plaintiff.

Thirty years. The date of the dispossession or

discontinuance.

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.


SECOND DIVISION—APPEALS


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 (5 of 1898);

(b)under sub-section (3) of

section 417 of that Code.


Ninety days. The date of the order appealed from.

Thirty days. The date of the grant of special leave.


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Description of suit Period of limitation Time from which period begins to run

115. Under the Code of Criminal

Procedure, 1898 (5 of 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;

(b) from any other sentence or

any order not being an order
of acquittal—


Thirty days. The date of the sentence.


(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.

116. Under the Code of Civil Procedure,

1908 (5 of 1908)—


(a) to a High Court from any

decree or order.

(b) to any other court from any

decree or order.

117. From a decree or order of any High

Court to the same Court.


Ninety days. The date of the decree or order.

Thirty days. The date of the decree or order.

Thirty days. The date of the decree or order.


THIRD DIVISION—APPLICATIONS

PART I.—APPLICATIONS IN SPECIFIED CASES


118. For leave to appear and defend a

suit under summary

procedure.

119. Under the Arbitration Act, 1940

(10 of 1940),—

(a) for the filing in court of an

award;

(b) for setting aside an award

or getting an award remitted
for reconsideration.

120. Under the Code of Civil

Procedure, 1908 (5 of 1908),
to have the legalrepresentative
of a deceased plaintiff or
appellant or of a deceased
defendant or respondent, made
a party.

121. Under the same Code for an order

to set aside an 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.


Ten days. When the summons is served.

Thirty days. The date of service of the notice of the

making of the award;

Thirty days. The date of service of the notice of the

filing of the award.

Ninety days. The date of death of the plaintiff,

appellant, defendant or respondent, as
the case may be.

Sixty days. The date of abatement.

Thirty days. The date of dismissal.


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Description of suit 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.

_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.

124. For a review of judgment by a

court other than the Supreme
Court.

125. To record an adjustment or

satisfaction of a decree.

126. For the payment of the amount of

a decree by instalments.

127. To set aside a sale in execution of

a decree, including any such
application by a judgmentdebtor.

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.

129. For possession after removing

resistance or obstruction to
delivery of possession of
immovable property decreed
or sold in execution of a
decree.

130. For leave to appeal as a pauper—


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.

Thirty days. The date of the decree or order.

Thirty days. When the payment or adjustment is made.

Thirty days. The date of the decree.

1[Sixty days]. The date of the sale.

Thirty days. The date of the dispossession.

Thirty days. The date of resistance or obstruction.


(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.


131. To any court for the exercise of

its powers of revision under
the Code of Civil Procedure,
1908 (5 of 1908), or the Code
of Criminal Procedure, 1898
(5 of 1898).

132. To the High Court for a

certificate of fitness to appeal
to the Supreme Court under
clause (1) of article 132,
article 133 or sub-clause (c) of
clause (1) of article 134 of the
Constitution or under any
other law for the time being in
force.


Ninety days. The date of the decree or order or

sentence sought to be revised.

Sixty days. The date of the decree, order or sentence.


1. Subs. by Act 104 of 1976, s. 98, for “Thirty days” (w.e.f. 1-2-1977).


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Description of suit Period of limitation Time from which period begins to run

133. To the Supreme Court for special

leave to appeal,—


(a) in a case involving death

sentence;

(b) in a case where leave to

appeal was refused by the
High Court;


Sixty days. The date of the judgment final order or

sentence.

Sixty days. The date of the order of refusal.


(c) in any 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.

135. For the enforcement of a decree

granting a mandatory

injunction.

136. For the execution of any decree

(other than a decree granting a
mandatory injunction) or

order of any civil court.


One year. When the sale becomes absolute.

Three years. The date of the decree or where a date is

fixed for performance, such date.

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.


PART II—OTHER APPLICATION


137. Any other application for which

no period of limitation is
provided elsewhere in this
Division.


Three years. When the right to apply accrues.


1. Subs. by Act 53 of 1964, s. 3 and the Second Schedule, for “Where” (w.e.f. 12-12-1964.)


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