Helplinelaw - legal solution world wide  
 
Law Law
Banking and Insurance
Business and Corporate
Constitutional
Consumer Laws
Criminal Law
Energy
Environmental
Family and Inheritance
Heritage and National Importance
Immigration Law
Labor Law
Local Laws
National Security
Others
Procedural and Administration
Property Related
Public Utilities
RBI
Shipping Laws
Tax Laws
Articls
search a lawyer
Country:
City:
ACTS, STATUTES
letterboxSubmit Article
loginArticle Login
 
lawyer
Find a Lawyer :
Country :
City :
Category :
 
Home > Indian Bare Acts > >
INDIAN BARE ACTS
Search Alphabatically :
A B C D E F G H I J K L M N O P Q R S T U V W X Y Z
Search Chronologically :
Title : LIMITATION ACT, 1963

Year : 1963

Act :
PART V

MISCELLANEOUS

28. Amendment of certain Acts
[Rep. by the Repealing and Amending Act, 1974 (56 of 1974) s. 2 and First Sch.]

29. Saving
(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 s. 3 shall apply as if such periods were the periods 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 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 3[seven years] next after the commencement of this Act or within the period prescribed for such suit by the Indian Limitation Act, 1908, whichever period expires earlier:

4[PROVIDED that if in respect of any such suit, the said period of seven years expires earlier than the period of limitation prescribed therefor under the Indian Limitation Act, 1908 and the said period of seven years together with so much of the period of limitation in respect of such suit under the Indian Limitation Act, 1908 (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;]

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

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

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

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

32. Repeal
[Rep. by the Repealing and Amending Act, 1974 (56 of 1974)]

THE SCHEDULE: PERIODS OF LIMITATION
[Sections 2 (j) and 3]
FIRST DIVISION-SUITS

Description of suits
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.

2. Against a factor for an account





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




Three years





Three years





Three years


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.

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

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


When the neglect or misconduct become known to the plaintiff.

The date of the dissolution.

PART II-Suits relating to contacts

6. For a seaman’s wages


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

9. For the price of lodging


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.

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.

19. For money payable for money lent.


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 defendants 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

30. On a bond subject to a condition

31. On a bill of exchange or promissory note payable at a fixed time after date.

32. On a bill of exchange or 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 by non-acceptance.

41. By the acceptor of an accommodation-bill against the drawer.

42. By a surety against the principal debtor.

43. By a surety against a co-surety.


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.

45. By the assured to recover premia paid under a policy voidable at the election of the insures.

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

52. For arrears of rent.


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


Three years


Three years



Three years


Three years


Three years



Three years


Three years



Three years



Three years



Three years



Three years




Three years




Three years


Three years


Three years



Three years





Three years



Three years



Three years



Three years









Three years




Three years

Three years

Three years

Three years



Three years



Three years



Three years



Three years





Three years



Three years





Three years



Three years



Three years



Three years



Three years


Three years


Three years




Three years




Three years



Three years





Three years


Three years






Three years



Three years




Three years




Three years


Three years




Three years




Three years
The end of the voyage during which the wages are earned.

When the wages accrue due.


When the food or drink is delivered.



When the price becomes payable


When the loss or injury occurs.


When the goods ought to be delivered



When the hire becomes payable.

When the goods ought to be delivered.



The date of the delivery of the goods.



When the period of credit expires.



When the period of the proposed bill elapses.


The date of the sale.




When the work is done.



When the loan is made.


When the cheque is paid.


When the loan is made.



When the demand is made.





When the money is paid.

When the money is received.



When the interest becomes due.



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.


When the time specified arrives or the contingency happens.



The day so specified.


The date of executing the bond.


When the condition is broken.

When the bill or note falls due.



When the bill is presented.



When the bill is presented at that place.

When the fixed time expires.



The date of the bill or note.





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.


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

The date of the delivery to the payee.



When the notice is given.



The date of the refusal to accept.



When the acceptor pays the amount of the bill.


When the surety pays the creditor.


When the surety pays anything in excess of his own share.

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.

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.

When the insurers elect to avoid the policy.



The date of the payment of distribution




The date of the failure.


The date of the payment in excess of the plaintiff’s own share.






When the right to contribution a accrues.


The date of the payment.




When the profits are received.




When the arrears become due.


The time fixed for completing the sale, or (where the title is accepted after the time fixed for completion) the date of the acceptance.

The date fixed for the performance, or, if no such date is fixed, when the plaintiff has noticed that performance is refused.

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.

THE SCHEDULE: PERIODS OF LIMITATION
[Sections 2 (j) and 3]
FIRST DIVISION-SUITS

PART III- Suits relating to declarations

56. To declare the forgery of an instrument issued or registered.

57. To obtain the declaration that an alleged adoption is invalid, or never, in fact, took place.

58. To obtain any other declaration. Three years


Three years



Three years
When the issue or registration becomes known to the plaintiff.

When the alleged adoption becomes known to the plaintiff.


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







Three years





Three years


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.



When the ward attains majority.





When the ward attains majority.


When the ward dies.
PART V-Suits relating to immovable propert

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 mortgagee or otherwise charge upon immovable property.

63. By a mortgages-

(a) for foreclosure,


(b) for possession of immovable property mortgaged.


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 for 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 judgement-debtor was out of possession at the date of the sale, the purchaser shall be deemed to be a representative of the judgement- 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.

Three years



Twelve years





Three years



Twelve years






Thirty years


Twelve years



Twelve years






Twelve years




































Twelve years




Twelve years



When the right to redeem or to recover possession accrues.


When the transfer becomes known to the plaintiff.




When the mortgagor re-enters on the mortgaged property.


When the money sued for become due.





When the money secured by the mortgagee become due.

When the mortgagee becomes entitled to possession.


The date of dispossession.






When the possession of the defendant becomes adverse to the plaintiff.


































When the forfeiture is incurred the condition is broken.



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.

69. For other specific moveable property.

70. To recover moveable property deposited or pawned from depository or pawnee.

71. To recover movable property deposited or pawned, and afterwards bought from the depository or pawnee for a valuable consideration Three years




Three years


Three years



Three years
When the person having the right to the possession of the property first learns in whose possession it is.

When the property is wrongfully taken.

The date of refusal after demand.



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


75. For compensation the libel.

76. For compensation for slander.




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 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, administrator or representative 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 representatives.

84. Against one who, having a right to use property for specific purposes, perverts it to other purposes.

85. For compensation for obstructing a way or a watercourse

86. For compensation for diverting a watercourse.

87. For compensation for trespass upon immovable property

88. For compensation for infringing copyright or any other exclusive privilege.

89. To restrain waste.

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, or acquired by theft, or dishonest misappropriation or conversion;

(b) for wrongfully taking or injuring or wrongfully detaining any other specific movable property. One year






One year


One year



One year

One year




One year




One year



One year



One year



One year




Two years



Two years






Two years




Three years



Three years


Three years



Three years



Three years

Three years





Three years





Three years
When the act or omission takes palace.





When the imprisonment ends.


When the plaintiff is acquitted or the prosecution is otherwise terminated.

When the libel is published.

When the words are spoken or, if the words are not actionable in themselves, when the special damage complained of results.

When the loss occurs.




The date of the breach.



The date of the distress.



The date of the seizure.



The date of the death of the person wronged.



The date of the death of the person killed.


When the wrong complained of is done.





When the perversion first becomes known to the person injured thereby.


The date of the obstruction.



The date of the diversion.


The date of the trespass.



The date of the infringement.



When the waste begins.

When the injunction ceases





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


When the property is wrongfully taken or injured, or when the detainer’s possession become unlawful.
PART VIII-Suits relating to trusts and trust property

92. To recover possession of immovable property conveyed or bequeathed in trust and after wards transferred by the trustee for a valuable consideration.

93. To recover possession of moveable 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 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 a Hindu, Muslim or Buddhist religious or charitable endowment to recover possession of movable or immovable property comprised in the endowment which has been transferred by a previous manager for a valuable consideration. Twelve years





Three years






Twelve years





Three years







Twelve years
When the transfer becomes known to the plaintiff.




When the transfer becomes known to the plaintiff.





When the transfer becomes known to the plaintiff.




When the transfer becomes known to the plaintiff.






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.
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 5[an order referred to in rule 63 or in rule 103] of Order XXI of the Code of Civil Procedure, 1908 (5 of 1908) or an order under section 28 of the Presidency Small Cause Courts Act, 1882 (15 of 1882) has been made, to establish the right which he claims to the property comprised in the order.

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 judgement including a foreign judgement, 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 residue bequeathed by a testator or for a distributive share of the property of an intestate against an executor or an administrator or some other person legally charged with the duty of distributing the estate.

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 re-marriage.

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 or 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, including the Government of the State of Jammu and Kashmir. One year









One year










One year





One year






Three year



Three year



Three year




Three year


Three year


Twelve year








Twelve year









Twelve year










Twelve year




Twelve year



Thirty years






Thirty years
When the purchaser takes 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.

The date of the final order.










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


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.



The date of the judgement or recognisance.


When the plaintiff is restored to sanity and has knowledge of the conveyance.

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


When the plaintiff is first refused the enjoyment of the right

When the arrears are payable.


When the legacy or share becomes payable or deliverable.







When the defendant takes possession of the office adversely to the Plaintiff.







The date of the alienation.










When the alienee takes possession of the property.



When the exclusion becomes known to the plaintiff.


The date of the dispossession or discontinuance.





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



Last updated on February, 2008
 
Law Law
Property / Real Estate
Legal verified real estate. Choose from our list of properties with clear title.

Search property
LEGAL SERVICES
Add Lawyer
Legal Enquiry
Find a Lawyer
Bare Acts / India Codes
Statutes / Code
LAWYER BY LOCATION
India Lawyer
United State Lawyer
UAE Lawyer
Canada Lawyer
Find More...
LAW PRACTICE AREA
Business Law
Employment & Labor Law
Govt. Agencis & Taxtion
Family Law
Real Estate Property Law
Immigration Law
ABOUT HELPLINELAW
About Us
Contact Us
Services
Site Map
Recommend to Friends
© copyright 2000-2013, Helplinelaw.com Terms of USE
This web site is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. Persons accessing this site are encouraged to seek independent counsel for advice in India abroad regarding their individual legal, civil criminal issues or consult one of the experts online.