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LIMITATION ACT, 1963

Title : LIMITATION ACT, 1963

Year : 1963

[Act No.36 of 1963]
[15th 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 The Parliament in the Fourteenth Year of the Republic of India as follow

PART I

PRELIMINARY



(1) This Act may be called the Limitation Act, 1963.

(2) It extends to the whole of India except the State of Jammu and Kashmir.

(3) It shall come into force on such date1 as the Central Government may, by notification in the Official Gazette, appoint.



In this Act, unless the context otherwise requires,

(a) Applicant includes-

(i) A petitioner;

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

(iii) Any person whose estate is represented by the applicant as executor, administrator or other representative;

(b) Application includes a petition;

(c) Bill of exchange includes a hundi and a cheque;

(d) Bond includes any instrument whereby a person obliges himself to pay money to another, on condition that the obligation shall be void if a specified act is performed, or is not performed, as the case may be;

(e) Defendant includes-

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

(ii) Any person whose estate is represented by the defendant as executor, administrator or other representative;

(f) Easement includes a right not arising from contract, by which one person is entitled to remove and appropriate for his own profit any part of the soil belonging to another or anything growing in, or attached to, or subsisting upon, the land of another;

(g) Foreign country means any country other than India;

(h) Good faith-nothing shall be deemed to be done in good faith which is not done with due care and attention;

(i) Plaintiff includes-

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

(ii) Any person whose estate is represented by the plaintiff as executor, administrator or other representative;

(j) Period of limitation means the period of limitation prescribed for any suit, appeal or application by the Schedule, and prescribed period means the period of limitation computed in accordance with the provisions of this Act;

(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.
Last updated on June, 2016

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