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REGISTERED No. D. 221

The Gazette of India

EXTRAORDINARY PART II—Section 1 PUBLISHED BY AUTHORITY

30] NEW DELHI, SATURDAY, OCTOBER 5, 1963/ASVINA 13, 1885

MINISTRY OF LAW (Legislative Department) New Delhi, the 5th October, 1963/Asvina 13, 1885 (Saka)

The following Act of Parliament received the assent of the Presi- dent on the 5th October, 1963, and is hereby published for general information:

THE LIMITATION ACT, 1963

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. (1) This Act may be called the Limitation Act, 1963. (2) It extends to the whole of India except the State of Jammu

Short title,

extent and

commence-

ment.

and Kashmir.

(3) It shall come into force on such date as the Central Govern- ment may, by notification in the Official Gazette, appoint.

Definitions

2. 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;

(319)

(Hi) any person whose estate is represented by Lne applicant as executor, administrator or other representative;

(b) "application" includes a petition;

(c) "bill oJ; 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 deicjidum 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 I'm his own profit any part of the soil belonging to another or any- thing 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;

(0 "plaintiff" includes—

(i) any person from or through whom a plaintiff derives his right to sue;

(ii) any person whose estate is represented by thu plaintiff as executor, administrator or other representative; (j) "period of limitation" means the period of limitation prescribed for any suit, appeal or application by the Schedule, and "prescribed period" means the period of limitation computed in accordance with the provisions of this Act;

(fc) "promissory note" means any instrument whereby the maker engages absolutely to pay a specified Bum ct money to another at a time therein limited, or on demand, or at sight;

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

(in) "tort" means a civil wrong which is not exclusively 1he Dreach of a contract or the breach of a trust;

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

PART II

LIMITATION OF SUITS, APPEALS AND APPLICATIONS

Bar of limi-

tation.

3. (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 limita- tion 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 tc the proper officer;

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

(Hi) 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.

Expiry of

prescribed

period when

court li

closed.

4. Where the prescribed period for any suit, appeal or applica- tion 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 ths meaning of this section if during any part of ita normal working hours it remains closed on that day.

5. Any appeal or any application, other than an application under

5 of 1908.

Extension

of prescribed

period In

certain M"cit-

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

Explanation.—The fact that the appellant or the applicant was misled by any order, practice or judgment of the High Court in ascertaining or computing the prescribed period may be sufficient cause within the meaning of this section.

•bttlty.

6.1 (1) Where a person entitled to institute a suit or make an appli- cation for the execution of a decree is, at the time from which the prescribed period is to be reckoned, a minor or insane, or an idiot, he may institute the suit or make the application within the same period after the disability has ceased, as would otherwise have been allowed from the time specified therefor in the third column of the Schedule.

(2) Where such person is, at the time from which the prescribed period is to be reckoned, affected by two such disabilities, or where, before 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 applica- tion within the same period after the death, as would otherwise have, been allowed from the time so specified.

(4) Where the legal representative referred to in sub-section (3) is, at the date of the death of the person whom he represents, affected by any such disability, the rules contained in sub-sections (1) and (2) shall apply.

(5) Where a person under disability dies after the disability ceases but within the period allowed to him under this section, his legal representative may institute the suit or make the application within the same period after the death, as would other- wise have been available to that person had he not died.

Explanation.—For the purposes of this section, 'minor' includes a child in the womb.

Disability ol

oae of

several

pcrsont.

7, 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 con- currence 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 managei of a Hindu undivided family governed by the Mitakshara law shall be deemed to be capable of giving a discharge without the cen- currence of the other members of the family only if he is in manage- ment of the joint family property.

Special

exceptions.

8. 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. Where once time has begun to run, no subsequent disability or inability to institut e a suit or make en application stops it:

Continuous

running of

time.

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.

Suits against

trustees and

thoir repre-

sentative*,

10. Notwithstanding anything contained in the foregoing provi- sions 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 considera- tion) , 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 com- prised in a Hindu, Muslim or Buddhist religious or charitable endow- ment 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. (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.

Suits on

contracts

entered Into

outside the

territories

to which the

Act extend*.

(2) No rule of limitation in force in the State of Jammu and Kashmir or in a foreign country shall be a defence to a suit instituted in the said territories on a contract entered into in that State or in a foreign country unless—

(a) the rule has extinguished the contract; and

(b) the parties were domiciled In that State or in the foreign country during the period prescribed by such rule.

PART III

COMPUTATION OF PERIOD OF LIMITATION

Exclusion of

time in legal

proceedings.

12. (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 revipion or for review of e judgment, the day on which the judgment complained of was pro- nounced and the time requisite for obtaining a copy of the decree, sentence or order appealed from or sought to be revised or reviewed shall be excluded.

(3) Where a decree or order is appealed from or sought to be revised or reviewed, or where an application Is made for leave to appeal from a decree or order, the time requisite for obtaining a copy of the judgment on which the decree or order is founded shall also be excluded.

(4) In computing the period of limitation for an application to set aside an award, the time requisite for obtaining a copy of the iward 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 sourt to prepare the decree or order before an application for a copy thereof is made shall not be excluded.

Exclusion of

time in cases

where leave

toaue or

appeal as a

pauper is

applied for.

13. In computing the period of limitation prescribed for any suit :>r 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 Eees 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.

Exclusion of

time of pro-

ceeding hona

fid* in court

without

jurisdiction.

14. (1) In computing the period of limitation for any suit the time during which the plaintiff has been prosecuting with due dili- gence another civil proceeding, whether in a court of first instance¹ jr of appeal or revision, against the defendant shall be excluded, •vhere the proceeding relates to the same matter in issue and is prosecuted in good faith in a court which, from defect of jurisdiction ar other cause of a like nature, is unable to entertain it.

(2) In computing the period of limitation for any application, the :ime during which the applicant has been prosecuting with due dili- jence another civil proceeding, whether in a court of first instance jr of appeal or revision, against the same party for the same relief

shall De excluded, where such proceeding is prosecuLed in good iaitn in a court which, from defect of jurisdiction or other cause of a likt nature, is unable to entertain it.

9 of ; 908.

(3) Notwithstanding anything contained in rule 2 of Order XXIII of the Code of Civil Procedure, 1908, the provisions of sub-section (i) shall apply in relation to a fresh suit instituted on permissi *n granted by the court under rule 1 of that Order, where such permis- sion is granted on the ground that the first suit must fail by reasor. of a defect in tKe 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 wai pending, the day on which that proceeding w^f instituted and the day on which it ended shall both be counted; (b) a plaintiff or an applicant resisting an appeal shall be deemed to be prosecuting a proceeding;

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

Exdugion of

time in

certain other

caaett

15. (2) In computing the period of limitation for any suit or appli- cation for the execution of a decree, the institution or execution of which has been stayed by injunction or order, the time of the con- tinuance 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 T 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 applica- tion for execution of a decree by any receiver.or interim receiver appointed in proceedings for the adjudication of a person as an insol- vent or by any liquidator or provisional liquidator appointed in pro- ceedings for the winding up of a company, the period beginning wit'' 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.

Effect of

de"th on or

before the

accrnaj of

the right

to ttte.

16. (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 applica- tion.

(2) Where a person against whom, if he were living, a right to institute a suit or make an application would have accrued dies be- fore the right accrues, or where a right to institute a suit or make an application against any person accrues on the death of such per- son, 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. (1) Where, in the case of any suit or application for which a Effe" of fraud or 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 consequen- ces of a mistake; or

(d) where any document necessary to establish the right of the plaintiff or applicant has been fraudulently concealed from him;

the period of limitation shall not begin to run until the plaintiff or applicant has discovered the fraud or the mistake or could, with reasonable diligence, have discovered it; or in the case of a concealed document, until the plaintiff or the applicant first had the means of producing the concealed document or compelling its production.

Provided that nothing in this section shall enable any suit to b* 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 "nd did not at the time of the purchase know, or have reason to be- lieve, that any fraud had been committed, or

(ii) in the case of mistake, has been purchased for valu- able consideration subsequently to the transaction in which tha mistake was made, by a person' who did not know, or have reason to believe, that the mistake had been made, or

(Hi) in the case of a concealed document, has been purchwh ed 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 Ihe 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, th" court may, on the application of the judgment-creditor made aftei $he 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, "• the case may be.

Effect of act- owkdg mem in writirf 18. (1) Where, before the expiration of the prescribed period foi a suit or application in respect of any property or right, an acknow- ledgment of liability in respect of such property or right has been made in writing signed by the party against whom such propertj or right is claimed, or by any person through whom he derives hii title or liability, a fresh period of limitation shall be computed from the time when the acknowledgment was so signed.

1 ef 1872.

(2) Where the writing containing the acknowledgment ii un- dated, oral evidence may be given of the time when it was signed but subject to the provisions of the Indian Evidence Act, 1872, or" evidence of its contents shall not be received.

Explanation.—For the purposes of this section,—

(a) an acknowledgment may be sufficient though it omit to specify the exact nature of the property or right, or aver that the time for payment, delivery, performance or enjoymen has not yet come or is accompanied by a refusal to pay, dellvtj

perform or permit to enjoy, or is coupled with a claim to set- oft', 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 pro- perty or right.

Effect of

payment on

•ccount of

debt or of

interest on

legacy.

19. 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 authori- sed 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 pay- ment appears in the handwriting of, or in a writing signed by, the- person making the payment.

Explanation.—For the purposes of this section,—

(a) where mortgaged land is in the possession of the mort- gagee, 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.

Effect of

icknowledg-

ment or

payment by

tnother

person.

20. (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 meke 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 res- pect 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, th manager of the family for the time being shall be deemed t have been made on behalf of the whole family.

21. (1) Where after the institution of a suit, a new plaintiff 0 defendant is substituted or added, the suit shall, as regards him. b deemed to have been instituted when he was so made a party;

Effect of "ub- stituting or adding new plaintiff or defendant.

Provided that where the court is satisfied that the omission t include a new plaintiff or defendant waq due to a mistake made n good faith it may direct that the suit as regards such plaintiff 0: defendant shall be deemed to have been instituted on any earlie: date.

(2) Nothing in sub-section (1) shall apply to a case where 1 party is added or substituted owing to assignment or devolution 0: any interest during the pendency of a suit or where a plaintiff ii made a defendant or a defendant is made a plaintiff.

Continuing breaches and torts.

22. In the case of a continuing breach of contract or in the cas< of a continuing tort, a fresh period of limitation begins to run a every moment of the time during which the breach nr the tort, as th( case may be, continues.

23. In the case of a suit for compensation for an act which doe; lot give rise to a cause of action unless some specific injury actually results therefrom, the period of limitation shall be computed from thf Hme when the injury results.

Sulti for compensation for act" not actionable without •pedal damage.

24. All instruments shall for the purposes of this Act be deemed

to be made with referpnoe to the Gregorian calendar.

Computation of time mentioned i" Initiuments.

PART IV

ACQUISITION OF OWNERSHIP BY POSSESSION

Acquhmon of eatementt by pretcrtp- tlOD.

25. (1) Where the access and use of li^ht 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 bp absolute and indefeasible

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

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

Eoeplanation.—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 gome 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.

•ichulonla

(•TOUT Of

mentonef

•f MrvtMt

28. Where any land or water upon, over or from, which any ease- ment 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 ease- ment during the continuance of such interest or term shall be ex- cluded In the computation of the period of twenty years in case the claim is, within three years next after the determination of such interest or term, resisted by the person entitled on such determi- nation to the said land or water.

aant of right

27. 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

3 of i8Ia.

28. In the Indian Easements Act, 1882, in section 15, for the words •f certain Act*.

5 of 1908.

"sixty years", the words "thirty years" shall be substituted; and in the Code of Civil Procedure, 1908, section 48 shall be omitted.

Mw*.

29. (1) Nothing In this Act shall affect section 25 of the Indian

Of I"7".

Contract Act, 1872.

(2?) Where any special or local law prescribes for any suit, appeal or application a period of limitation different from the period prescribed by the Schedule, the provisions of section 3 shall apply as

tf such period were the period prescribed by the Schedule and for th< purpose of determining any period of limitation prescribed for an; suit, appeal or application by any special or local law, the provision 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 sucl special or local law..

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

(4) Sections 25 and 26 and the definition oE "easement" in sec tion 2 shall not apply to cases arising in the territories to which th¹ Indian Easements Act, 1882, may for the time being extend.

5 of 1882.

30. Notwithstanding anything contained in this Act,—

9 of 1908.

(a) any suit for which the period of limitation is shorter thar the period of limitation prescribed by the Indian Limitation Act 1908, may be instituted within a period of five years next aftei the commencement of this Act or within the period prescribec for such suit by the Indian Limitation Act, 1908, whichevei period expires earlier;

Provlilon for suits, etc., for which the prescri- bed period is shorter than tUc pe- riod pres- cribed by the Indian Limi- tation Act, 190P.

(b) any appeal or application for which the period of limi- tation is shorter than the period of limitation prescribed by the Indian Limitation Act, 1908, may be preferred or made within a period of ninety days next after the commencement of this Act or within the period proscribed for such appeal OT application by the Indian Limitation Act, 1908, whichever period expires earlier.

31. Nothing in this Act shall,—

Froruloni a" to barred ci pending suits, etc.

9 of ifOS.

(a) enable any suit, appeal or application to be instituted, preferred or made, for which the period of limitation prescribed by the Indian Limitation Act, 1908, expired before the commen- cement of this Act; or

(b) affect any suit, appeal or application instituted, pre-

ferred or made before, and pending at, such commencement.

32. The Indian Limitation Act, 1908, is hereby repealed.

9 of IJOS.

Repe^-U

THE SCHEDULE

(PERIODS OF LIMITATION)

[See sections 2 (/) and 3]

FIRST DIVISION—SUITS

Period of limitation

Description of suit

Time from which period begin* to run

ACCOUNTS

RELATING TO

PAST I.—SUITS

I

Three years.

For the balance due on a mutual, open and current account, where there have been reciprocal demands between the parties.

s

The close of the year In which the last item admit- ted or proved is entered in the account; such year to be computed as in the account.

Three year".

Agalntt a factor for an account.

When the account is, during the continuance of the agency, demanded and re- fused or, where no such demand is made, when the agency terminates.

Three years.

3 By a principal against his agent for movable property received by the latter and not accounted for.

When the account i3, during the continuance of the agency, demanded and re- fused or, where no such demand is made, when the agency terminates.

Three yean.

4 Other suits by principals against agents for neglect or misconduct.

When the neglect or mis- conduct becomes known to the plaintiff.

The date of the dissolution.

Three years.

5 For an account and a share of the profits of a dissolved partnership.

PAKT II.—SUITS RSLATINO TO CONTRACTS

t

The end of the voyage duriag

Three year*.

7

which the w"ge" are earn ed.

Three yeari.

For wages in the case of any

other person.

When the wages accrue due

When the food or drink

Three years.

8 For the price of food or drink sold by the keeper of a hotel, tavern or lodging-house.

in delivered.

When the price becomes pay-

Three years.

TOT the price of lodging 9

able.

Description of iuit

Period of limitation

Time from which p"ri*d

begins to run

Tkree yean.

When the lots or injurj

to

occuri.

Agalnita carrier for oompenta- tion for losing or injuring good*.

When the goods ought to Us

Three ytari.

delivered.

Against 1 carrier for com- pensation for non-delivery of, 01 delay in delivering, goodi.

Three yeara.

12

When tht hi re becomes nay-

For the hire of animals, vehi- cle*, boats or household furniture.

able.

When ti. e goodi ought U bt

Three ytar*.

13

delivered.

For tht balance of money advanced in payment of goodi to be delivered.

The date of the delivery of

Three year*.

14 For the price of goodi sold and delivered where no fixed period of credit i§ agreed upon.

the goods.

Thre" yean.

15

When the period ci "redit expires.

For the price of good* sold

and delivered to be paid for

after the expiry of a fixed

period of credit.

Three year*.

1*

When the pcrioJ of the pro-

poied bill eliiptti.

For the price of goods sold and

delivered to be paid for by a

bill of exchange, no such

bill being given.

Three yean.

The date of the wlc.

17 For the price of trees or grow- ing crop* told by the plain- tiff to the defendant where no fixed period of credit it agreed upon.

Three yean.

When the work It done.

is For the price of work done by the plaintiff for the defen- dant at hii requcjt, where no time ha* been fixed for pay- ment.

Three years.

For money payable for money

When the U,*n i3 made.

<9

lent.

Three years.

When the chejut it paid.

Jo Like suit when the lender has given " cheque for the money.

Three yeari.

When the loan i> made,

11 For money lent under an agree- ment that it shall be pay- able on demand.

Three years.

When the citmdnd is made.

12 For money deposited under an agreement that it shall be payable on demand, in- cluding money of a customer in the hand* of his banter •o payable.

! Period of limitation

Description of suit

Time from which period begins to run

When the money it paid.

Three years.

For money payable to the plaintiff for money paid for the defendant.

24

When the money it r"o"iy-

Three years.

ed.

For money payable by the defendant to the plaintiff for money received by the defendant:, for the plaintiff's use.

When the interest btcomcf

Three ye"ra,

25

duo.

For money payable for In- terest upon money due from the defendant to the plainufl

Three yean.

26 Fci money payable to the pTnintiff lor money found to be due from the defendant to the plaintiff on accounts stated between them.

When the account* are stated In writing signed by the defendant or his agent duly authorised In thil behalf, unless where the^ debt is, by a simultaneous agreement in writing signed as aforesaid, imade payable at a future time, and then when thai time arrives.

Fhix-e yean.

When the time specified arrives or the contingency happens.

Fof dompens'tion for breach of a promise :o do anything at a specified time, or upon die happening of a specified contingency,

The day 10 ipedfled.

Three years

28 On a tingle bond, where a day is specified for payment.

The date of. executing thf

Three years.

On " single bond, where no

29

bond.

such day ia specified.

When the condition j(

Three y^nrs.

On a bond subject to ft condi-

30

broken.

tion.

When the bill or not= falls

Three yeari.

31

due.

On a bill of exchange or pro- missory note payable at a fixed time after date.

When the bill ia presented.

Three yean

32 On a bill of exenange payable at aiRhl, or lifter sight, but not it a fljeed time.

When the bin it presented

Three years.

at that place.

On " bill of exchange accepted payable at a particular place.

When the fixed time

Three years.

34

expires.

On a bill of exchange or pro- missory note payable at a flxed time after tight or after demand.

Period of limitatioi

Description of suit

Time from which period begins to run

Three years.

Thedaleoftiie billornote.

On a bill of exchange or pro - miBsory note payable on demand and not accom- panied by any writing res- training 0£ postponing the right to sue.

Three years.

36 Ona promissory note or bond payable by instalments.

The expiration of the first term of payment as to the part then payable ; anc for the other parts, the expiration of the respective terms of payment.

Three years.

37 Ona promissory note or bond payable by Instalments, which provides that, if default be ma'de in payment of one or more instalments, the whole shall be due.

When the default is made unless where the payee or obligee waives the benefit of the provision and then when fresh de- fault is made in respect of which there is no such waiver.

Three years.

38

The date of the delivery if

the payee.

Ona promissory note given by the maker to a third person to be delivered to the payee after a certain event should happen.

Three years.

39

When the notice is given.

On a dishonoure d foreign bill where protest has been made and notice given.

Three years.

40

The date of the refusal to

accept.

By the payee against the draw- er of a bill of exchange!, which has been dishonoured by non -acceptance.

Three years.

41

When the acceptor pays the

amount of the bill.

42

Three years.

When the surety pays the

creditor.

By the acceptor of an accom- modation-bill against the drawer. By a surety against the princi- pal debtor. By a surety against a co-aurety Three years.

43

When the surety pays any- thing In excess of his own share.

Three years.

44 (0) On a policy of insurance when the sum insured is payable after proof of the death has been given to or rece ivedbytheinsurers.

The date of the death of the deceased, or where the claim on the policy Is de- nied, either partly or wholly, the date of such denial.

Three years.

(6) 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.

The date of the occur ence causing the IOBS, or where the claim on the policy is denied, either partly orwhpUy, the date of such denial

Three years.

45

when the insurers elect to

void the policy.

By the ass ure d to recover pre - mia paid under a policy voidable at the election of the insurers.

Time from which period

Period of limitation

Description of suit

begins to run

39 of 1925-

The date of the payment or

Three years.

46

distribution.

Under the Indian Succession Act, 1925, secifon 360 or section 361, to compel a refund by a person to whom an executor or administrator has paid a legacy or distri- buted assets.

The date of the failure.

Three years.

47 For money paid upon an exis- ting consideration which jfter- wards fails.

Three years.

48

The date of the payment in excess of the plaintiff'* own share.

For contribution by a party who has paid the whole or more than hfs 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 re- venue due from himself and his co-sharers,

When the right to contri-

Three years,

49

bution accrues.

By a co-trustee to enforce against the estate of a de- ceased trustee a claim for contribution.

The date of the payment.

Three years.

50 By the manager of a Joint es- tate of an undivided family for contribution, in respect of a payment made by him on account of the estate.

When the profit! are recei-

Three years.

51

ved.

For the profits of immovable property belonging to the plaintiff which have been wrongfully received by the defendant.

For arrears of rent.

When the arrears become due.

Three years.

53

Three years.

53 By a vendor of immovable property for personal pay- ment of unpaid purchase- money.

The time fixed for comple- ting the sale, or (where the title is accepted after the time fixed for comple- tion) the date of the acceptance.

I¹ or specific performance of a Three years.

contract.

The date fixed for the performance, or, if no such date is fixed, when the plaintiff has notice that performance Is re- fused.

Three years.

•>? For compensation for the breach of any contract, express or implied not herein specially piovided for.

i

When the contract Is broken or (where there are successive breaches) when the breach in respect of which the suit is in- stituted occurs or (where the breach is continuing) when it ceases.

Description of suit Period of limitation Time from which period

begins to run

PART III.—Suns RELATING TO DECLARATIONS

Three years.

E56 To declare the forgery of an instrument Issued or regis- tered.

When the issue or registra- tion becomes known to the plaintiff.

Three years.

57

When the alleged adoption becomes known to the plaintiff.

To obtain a declaration that an alleged adoption is inva- lid, or never, in fuctj took place.

Three years.

When the right to sue first To obtain any other declara-

58

tion.

accrue¹).

PART IV.—SUITS RELATING TO DECREES AND INSTRUMENTS

Three years.

59 To cancel or set aside an instru- ment or decree or for the rescission of n cpntract.

When the facts entitling the plaintiff to have the instru- ment or decree cancelled or set aside or the contract rescinded first become known to him.

To set aside a transfer of property made by the guar- dian of a ward—

Three years.

When the ward attains (a) by the wan! who has

attained majority;

majority.

(b) by the ward's legal re-

presentative-—

When the ward attains

Three yuJrs.

majority.

("") when the ward dies with- in thro; years from the daw of attaining ma- jority;

When the ward diea.

Three years.

(if) when the ward dies be- fore attaining majority.

PART V.—SUITS RELVTING TO IMMOVABLE PROPERTY

61 By a mortgagor —

Thirty year*.

When the right to redeem or to recover possession accrues.

(a) to redeem or recover possession of immovable property mortgaged >

Twelvj yea; a.

When the transfer becomes known to the plaintiff.

(6) to recover possession of immovable property mort- gaged and afterwards trans- ferred by the mortgagee for a valuable considera- tion.

Thr^e years.

When the mortgagor re- enters on tlie mortgaged Property.

(£) to recover surplus collec- tions received by the mort- gagee after the mortgage has been satisfied.

Description of suit

Period of limitation

Time from which period begins to run

Twelve years.

To enforce payment of money secured by a mortgage or otherwise charged upon Immovable property.

By a mortgagee: -

63

(") for foreclosure;

When the money sued for becomes due.

Thirty years.

When the money secured by the mortgage becomes due.

Twelve years.

(W for possession of immo- vable properly mortgaged.

When the mortgagee becomes entitled to possession.

The date of dispossession.

Twelve years.

64 For possession of Immovable properly based on previous possession and not on title, when the plaintiff while in possession of the property has been dispossessed.

Twelve years.

For psssession of immovable property or any interest therein based on tille.

Explanation.—For the purposes of this article—

(a) where the suit is by a remainderman, a revcrsioner (other than a landlord) or a devisccj the possession of llie defendant shall be deemed to become adverse only when the estate ol the remainderman, re- vcrsioner or devisee, as the case may be, falls into possession;

(fc) where the suit is by i Hindu or Muslim cntitJec to the possession of immo- vable property on the death of a Hindu or Muslim female, the possession oJ the defendant shall be deemed to become ad- verse only when the fe- male dies;

(c) where the suit is by a purchaser at a sale in exe- cution of a decree when the judgment-debtor ^was out of possession at * the date of the sale, the pur- chaser nhaj] be. deemed When the possession of the defendant becomes ad- verse to the plaintiff.

!

Period of limitation

Description of suit

Time from which ptiiod begins to run

to be a representative of the judgment-debtor who was out of possession.

Twelve years.

66

When the forfeiture is in- curred or the condition is broken.

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

When the tenancy is deter-

Twelve years.

By a landlord to recover pos-

67

mined.

session from a tenant. i

1

PROPERTY

PART VI.—SUITS RELATING TO MOVABLE

Three years.

68

When the person having the right to the possession of the property first learns in whose possession it U.

For specific movable property lostj or acquired by theft, or dishonest misappro- priation or conversion.

When the property i" wrong- 69

Three years.

For other specific movable

fully taken.

property.

The date of refusal after 70

Three years.

demand.

To recover movable property deposited or pawned from a depositary or pawnee.

Three years.

71

When the sale becomej known to the plaintiff.

To recover movable property deposited or pawned, and afterwards bought from, the depositary or pawnee for a valuable consideration.

TORT

-SUITS RELATING TO

PART VII.-

When the act or omission 72

One year.

takes place.

For compensation for doing or for omitting to do an act alleged to be in pursuance of any cnaetment in force for the time being in the territories to which this Act extends.

When the imprisonment For compensation for false One year.

73

imprisonment.

ends.

One year.

For compensation for a

74

malicious prosecution.

When the plaintiff ii ac- quitted or the prosecution Is^otherwlse terminated.

For compensation for libel.

One year.

When the libel is published.

75

For compensation for slander. One year.

76

When the words are spoken, or, if the word! are not actionable in themselves, when the special dim)age complained of results.

One year.

When the loss occurs.

77 For compensation tor loss ot service occasioned by the seduction of the plaintiff's servant or daughter.

Description of suit

Period of limitation

Time from which period begins to run

One year.

The date of the breach.

78 For compensation for in- ducing a person to bicak a contract with the plaintiff.

One year.

79

The date of the distress.

For '/'mpensation for an illegal, irrtgular or excessive

80

One year.

The date of the seizure.

For compensation for wrong- ful seizure of movable pro- perty under legal process.

81

The date of the death of the

Onc year.

person wronged.

By executors, administrators or representatives under the Legal Representatives' Suits Act, 1855.

12 of 1855.

£U

Two years.

The date of the death of the

person killed.

By executors, administrator"! or representatives under the Indian Fatal Acci- dents Act, 1855.

13 of 1855.

Under the Legal Represen- Two years.

83

When the wrong complaint

of is done.

12 Of 1855, tatives' Suits Act, 1R55 against an executor, an ad- ministrator Or any other representative.

34

Two yeftri

When the perversion first becomes known to the person injured th.eii.by. Against one who, having a right to use property for specific purposes, perverts it to other purposes.

85

Three years.

The date of the obstruction.

For compensation for obs- tructing a way or a water- course.

86 For compensation for divert- Three years.

The date of the diversion.

ing a watercourse.

For compensation for tres- Three years.

The date of the trespass.

"7

pass upon immovable pro- perty.

88

Three years.

The date of the infringe-

ment.

For compensation for in- fringing copyright or any other exclusive privilege.

fi9 To restrain waste.

Three years.

When the waste begins.

90

Three years.

When the injunction ceases.

For compensation for injury caused by an injunction wrongfully ob wined.

For compensation,—

Three years.

When the person having the right to the possession of the property first learns in whov possession it is;

(a) for wrongfully taking or detaining any specific movable Property lost, or acquired by theft, or dis- honest mis-appropriation or conversion ;

Period of limitation

Description of suit

Time from which period begins to run

Three years.

When the properly is wrong- fully taken or injured, vi when the detainer's pos- session becomes uilavful.

(6) for wrongfully taking or injuring or wrongfully detaining any other specific movable property.

PART VIII.—SUITS tBLATiNO TO TRUSTS AND TRUST PROPERTY

Twelve years.

92

When the transfer becomes known to the plaintiff.

To recover possession of immovable property con- veyed or bequeathed in trust and afterwards transferred by the trusiec for a valuable consideration.

When the transfer becomes

Three years..

93

known to the plaintifl.

To recover possession of movable property conveyed or bequeathed in trust and afterwards transferred by the trustee for a valuable consideration.

Twelve years,

s4

When the transfer becomes known to the plaintiff, To set aside a transfer of immovable property com- prised in a Hindu, Mus- lim or Buddhist re- ligious or charitable en- dowment, made by a ma- nager thereof for a valuable consideration,

Three years.

95

When the transfer becomes known co the plaintiff.

To set aside a transfer of movable property com- prised In a HindUj Muslim or Buddhist religious or charitable endow- ment, made by a manager thereof for a valuable con- sideration.

Twelve years.

96

The date of death, resigna- tion or removal of the transferor or the date of appointment of the plain- tiff as manager of the en- dowment, whichever is later.

By the manage 1 of a Hindu, Muslim or Buddhist religious or charitable en- dowment to recover pos- session of movable or im- movable property compri- sed in the endowment which hew been transferred by a previous manager for a valuable consideration.

PART IX.—SUITS RELATING TO MISCELLANEOUS MATTERS

One year.

97

To enforce a right of pre- emption whether the right is founded on law or genera' uiage or on special coutract.

1

When the purchaser takes under the sale sought to be impeached, physi- cal possession of the whole or part of the pro- perty sold, or, where the subject rrwrter of the sale docs not admit of

Time from which period

Period of limitation

Description of suit

begins to run

physical possession ol the whole or part of the property, when the in- strument of sale Is re- gistered.

The date Of the final order.

One year.

98

5 of 1908.

15 of 1882.

By a person against whom an order under rule 63 or rule 103 of Order XXI of the Code of Civil Pro- cedure, 1908 or an order under section 28 of the Pre- sidency Small Cause Courts Act, 1882, has been made, 10 establish the right which he claims to the property comprised In the order.

One year.

99

When the sale is confirmed or would otherwise have become final and conclu- sive had no such suit been brought.

To set aside a sale by a civil or revenue court or a sale for arrears of Government revenue or for *ny demand recoverable as such arrears.

One year.

loo

The date of the final deci- sion or order by the court or the date of the act or order of the officer, as the case may be.

To alter or set aside any de- cision or order of a civil court in any proceeding other than a Buit or any act or order of an officer of Go- vernment in his official ca- pac'ty.

The date of the Judgment or

Three years.

l Ol

recognisance.

Upon a judgement including a foregn judg'montj or a recogiisarce.

Three years.

102

When the plaintiff la restored to sanity and has know- ledge of the conveyance.

For property which the plain- tiff has conveyed while insane.

Three years.

10 i

The date of the trustee's death or if the loss has not then resulted, the date of the loss.

To make good out of the general estate of a deceased trustee the loss occasioned by a breach of trust.

Three years.

To establish a periodically

104

recurring right.

When the plaintiff • Is first refused the enjoyment of the right.

When the arrears are payable.

Three years.

By a Hindu for arrears of main-

IO5

tenance.

Twelve years.

106

When the legacy or share becomes payable or deli- verable.

For a legacy or for a share of a residue bequeathed by a testator or for a distributive nhaie of the property of an intestate against an execu- tor or an administrator or some other person legally charged with the duty of distributing the estate.

Time f"om which petlod

Period of limitation

Detcription of suit

begins to run

Twelve ytan.

For posscwion of a hereditary

i "7

office.

When the defendant takes. pOMcmfon of the office adversely to ihc plaintiff.

Explanation.—A hereditary office is possessed when the propertie" thereof are usually received, or (if there are no properties) when the duUeg thereof are usually performed.

The date of th" alienation.

Twelve years.

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 rntHled 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 re-marriago,

Twelve years.

By a Hindu governed by

109

When the alienee takes pos- session of the property.

Mitakshara law to set aside hi3 father's alienation of Ancestral propeny.

Twelve years.

IIC>

When the excluiion become*.

known to the plaintiff.

By a person occluded from " joint family property to enforce a right to share therein.

Thirty years.

The date of the disposeeilion- in

or discontinuance.

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 disposseiscd or "f which it has discon- tinued the possession.

Thirty years.

1 12

When the period of limitation would begin to run under thii Act against a like • uit by a private porton.

Any suit (except • suit before the Supreme Court in the exercise of its original jurisdiction) by or on behalf of the Central Government •r any State Government, including the Government •f th" State of Jammu and Kashmir.

FAMT X.—SUITS *OR WHICH T H IM is NO PMSCHIMD F H I O"

Thre* y*

•CCTUM.

Any *uit for which no period •f limitation is provided "l" 44 TH" GAZETTE OF INDIA EXTRAORDINARY [PAHT II

al-COND DIVISION—APPEALS

Description of appeal

Period of limitation

Time frotp which period begins to run

Appeal from an order of

acquittal,—

The date of the order ap-

Ninety days.

pealed from.

j ot 189^

Thirty day;,.

The dHte of the grant of (a) under Bub-section (i) or sub-section (j) ot section 417 of the Code of Criminal Procedure, 1898; (b) under sub-ssction (j) of section 417 of that Code.

special leave.

5 of 189* •

' 15

Thirty d"v".

The date of the sentence.

Under the Code of Cri- minal Procedure, 1898— (a) from a sentence of death paused by a court of session or by a High Court in the exercise of iti original criminal Juris- diction;

The date of the sentence (t) from any other sentence or any order not being an order of acquittal— (i) to the High Court

Sixty d"y".

or order.

(ii) to any other court

Thirty days.

The daie of the sentence

I l6 Under the Code of Civil Pro-

5 of 190S.

cedure, 1008,—

The date of the decree or (0) to a High Court from Ninety days.

order.

any decree or order,

The date of the decree °* (ft) to any other court from Thirty days.

order.

any decree or order.

The date of the decree or (17

Thirty days.

order.

From a decree or order of any High Court to the same Court.

THIRD DIVISION—APPLICATIONS

Description of application Period or limitation Time from which period

begins to run

PART I.—APPLICATIONS IN SPECIFIED CASES

When the summons is served

Ten days.

118 For leuve ro appear and defend a IUH under sum- mary procedure.

Under til'.¹ Arbitration Act,

ug

10 of if40.

1940,—

(a) for the filing in court of Thirty days.

•n award;

Th" date of service of the noiicc of the mak- ing of the award;

Thirty days.

The date of service of the notice of the filing of the award.

tfc) for setting aiidc an award nr getting an award remit- ted for lecoinideration.

Ninety days.

5 of 1908-

The date of death of th" plaintiff, appellant, de- fendant or respondent 11 the case may be.

) Un/lfi th'- Co,1c of Civil Procedure, 1908, to have the legal representative of a deceased plaintiff or ap- pellant or of a deceased defendant or respondent, made a parry.

121

Sixty days.

The date of abatement

Under the tame Code for an order to set aside an abaie-

Tiii n r.

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

f 22

The date of dismissal.

Thirty dayn.

To restore a suit or appeal or application for review- or revision dismissed for de- fault 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.

To set aside a -e paised ex pane or to rehear an appeal decreed or heard ex parle.

The date of the decree or where the summons or notice was not duly served, when the ap- plicant had knowledge of the decree.

J Of t)>J.

Explanation,—For the pur- pose of this article, substituted service un- der rule 20 of Order V of the Code of Civil Procedure, 19J8 shall nnt be deemed to be due service.

Thirty days.

The date of the decree or 124

order.

For a review of judgment by a court other than the Sup- reme Court.

Thirty days.

125 To record an adjustment or

When the payment or adjustment is made.

satisfaction of a decree.

The date of the decree.

Thirty days.

126 For the piym^nt of the amount of a decree by instalments.

The date of the sale.

Thirty days.

137 To set aside ft sale In execu- tion of a decree, including any such application by a Judgment-debtor.

Thirty days.

The date of the dispossession.

128 For possession by one dis- possessed of immovable pro- perty and disputing the right of the decree-holder or purchaser at a sale in execution of a decree.

The date of resistance or 129

Thirty days.

obstruction.

For possession after removing resistance or obstruction to delivery of possession of immovable property dec- reed or sold in execution of a decree.

For leave to appeal as a pauper—

13c

The date of decree ap-

Sixty days.

(a) 10 the High Court

pealed from.

Thirty days.

The date of decree appealed (b) to any other court

from.

Ninety days.

13

The date of the decree or order or sentence sought to be revised.

5 of 1908

[ To any court for the exercise of its powers of revision under the Code of Civil Procedure, 1008 or the Code of Criminal Procedure, 1898.

1

5 of 1898.

Time from which period 1

Description of application

begin* to run

Period of limitation

1 32

The date of the decree, order

Sixty days.

•r lemeuct.

To the High Court for " certi- ficate offitn"ei to appeal t" the Supreme Court und"r clause (1) of article 132, article 133 or eub-clauw (c) of clause (1) of article 134 of the Constitution or un- d"r any other law for the time being in force.

133 To the- Supreme Court for special leave to appeali—

(3) in a case involving .death

Sixty days.

sentence ;

The date of the judgment^ final order or sentence.

The date of the order of

Sixty days.

refuwO,

(6) in a case where leare to appeal wai refuted by the High Court;

(c) in any othcT ca"e.

Th"f dat" of the judgment

Ninety days..

or order.

Whon the role become* - 134

One-year.

absolute.

For delivery of possession by a purchaser of immovable property at a sale in execu- tion of a decree.

Three years.

135 For the enforcement of a decree granting a mandatory injunction-

The date of the decree or¹ where a date IB fixed for performance, such date.

Twelve years.

For the execution of any decree (other than a decree jrmnt- ing a mandatory Injunction) or wdtt of any eivil court.

Where the decree or order becomes enforceable or where the decree or any subsequent order directi 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 execu- tion it tought, taket pUct :

Provided that an applica- tion- for the enforce- ment or execution of * decree Branting- a per- petual injunction shaft nrtt be (ubject to any period of limitation.

PART II.—OTHER APPLICATIONS

Period of limitation

Description of application

Time from which period begins to run

Three years.

When the right to apply

accrues.

137 Any other application for which no period of limita- tion is provided elsewhere in this Division.

S. P. SEN-VABMA,

Special Secretary to the Govt. of India.

FHINTKB IN INDIA BY THE OffiNERAL MANAGER, GOVERNMENT OF INDIA PRESS, N 1W DELHI AND PUBLISHED BY THE MANAGER OP PUBLICATIONS, DELHI, 1 9 68