Indian Bare Acts

Search Alphabatically :

LIMITATION ACT, 1963

Title : LIMITATION ACT, 1963

Year : 1963



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



(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.



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 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:

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.



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.



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

THE SCHEDULE: PERIODS OF LIMITATION

[Sections 2 (j) and 3]

FIRST DIVISION-SUITS

PART I - Suits Relating to Accounts
   
Sl.No
 Description of Suit
Period of Limitation
Time From Which Period Begins to Run
1.For the balance due on a mutual, open and current account where there have been reciprocal demands between the parties. Three yearsThe 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 yearsWhen 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. Three  yearsWhen the account is during the continuance of the agency, demanded and refused or, where no such demand is made, when the agency terminates.
4.
Other suits by principals against agents forThree yearsWhen the neglect or misconduct becomes known to the plaintiff.
5.
For an account and a share of the profits of dissolved partnership Three yearsThe date of the dissolution.

PART II - Suits relating to Contracts

Sl.NoDescription of SuitPeriod of Limitation   
Time From Which Period Begins to Run
6.
For a seaman's wagesThree years
The end of the voyage during which the wages are earned.
7.
For wages in the case of any other person.Three yearsWhen the wages accrue due.
8.
For the price of food or drink sold by the keeper of a hotel, tavern or lodging house.Three yearsWhen the food or drink is delivered
9.
For the price of lodgingThree yearsWhen the price becomes payable.
10.Against a carrier for compensation for non-delivery of or delay in delivering goods.Three yearsWhen the loss or injury occurs.
11.Against a carrier for compensation for losing or injuring goods. 
Three yearsWhen the goods ought to be delivered.
12.For the hire of animals, vehicles, boats or household furniture. Three yearsWhen the hire becomes payable.
13.
For the balance of money advance in payment of goods to be delivered.Three yearsWhen the goods ought to be delivered.
14.
For the price of goods sold and delivered when no fixed period of credit is agreed upon. Three yearsThe date of delivery of the goods.
15.
For the price of goods sold and delivered to be paid for after the expiry of a fixed period of credit. Three yearsWhen the period of credit expires.
16.
For the price of goods sold and delivered to be paid for by a bill of exchange, no such bill being given. Three yearsWhen the period of the proposed bill elapses.
17.
For the price of trees or growing crops sold by the plaintiff to the defendant where not fixed period of credit is agreed upon. Three yearsThe date of the sale.
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 yearsWhen the work is done.
19.
For money payable for money lent. Three yearsWhen the loan is made.
20.
Like suit when the lender has given a cheque for the money. Three years When the cheque is paid.
21.
For money lent under an agreement that it shall be payable on demand. Three yearsWhen the loan is made.
22.
For money deposited under an agreement that it shall be payable on demanded, including money of a customer in the hands of his banker so payable. Three years When the demand is made.
23.
For money payable by the defendant to he plaintiff for money received by the defendant, for the plaintiff's use. Three years When the money is paid.
24.
For money payable to the plaintiff for money paid for the defendant.Three yearsWhen the money is received.
25.
For money payable for interest upon money due from the defendant to the plaintiff.Three yearsWhen the interest becomes due.
26.
For money payable to the plaintiff for money found to be due from the fedendant to the plaintiff on accounts stated between them 
Three yearsWhen the accounts are stated in writing signed by the defendant or his agent duly Authorized in this behalf, unless where the debt is, by a simultaneous agreement in writing signed as aforesaid made payment at a future time, and then when that time arrives.
27.
For compensation for breach of a promise to do anything at a specified time, or upon the happening of a specified contingency. Three yearsWhen the time specified arrives or the contingency happens.
28.
On a single bond where a day is specified for payment Three years The day so specified.
29.
On a single bond, where no such day is specified.Three yearsThe date of executing the bond.
30.
On a bond subject to a conditionThree years When the condition is broken.
31.
On a bill of exchange or promissory-note payable at a fixed time after date. Three yearsWhen the bill or note falls due.
32.
On a bill of exchange payable at sight, or after sight but not at a fixed time.Three yearsWhen the bill is presented.
33.
On a bill of exchange accepted payable at a particular place.Three yearsWhen the bill is presented at that place.
34.
On a bill of exchange or promissory-note payable at a fixed time after sight or after demand. Three yearsWhen the fixed time expires.
35.
On a bill of exchange or promissory note payable on demand and not accompanied by any writing restraining or postponing the right to sue. Three yearsThe date of the bill or note.
36.
On a promissory-note or bond payable by installments.Three yearsThe expiration of the first term of payment as to the part then payable; and for the other parts, the expiration of the respective terms of payment.
37.
On a promissory-note or bond payable by installments which provides that, if default be made in payment of one or more installments, the whole shall be due.Three yearsWhen the default is made unless where the payee or obligee waives the benefit of the provision and then when fresh default is made in respect of which there is no such waiver.
38.
On a promissory-note given by the maker to a third person to be delivered to the payee after a certain event should happen. Three years The date of the delivery to the payee.
39.
On a dishonored foreign bill where protest have been made and notice given.Three years When the notice is given.
40.
By the payee against the drawer of a bill of exchange, which has been dishonored by non-acceptance. Three yearsThe date of refusal to accept.
41.
By the acceptor of an accommodation-bill against the drawer. Three yearsWhen the acceptor pays.
42.
By a surety against the principal debtor.Three yearsWhen the surety pays the creditor.
43.
By a survey against a crusty.Three yearsWhen the surety pays anything in excess of his own share.
44. (a)
On a policy of insurance when the sum insured is payable after proof of the death has been given to or received by the insurers. Three years The date of the death of the deceased, or where the claim on the policy is denied, either partly or wholly, the date of such denial.
(b)
On a policy of insurance when the sum insured is payable after proof of the loss has been given to or received by the insurers.Three yearsThe 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.
45.
By the assured to recover preemie paid under a policy violable at the election of the insurers. Three years When the insurers elect to avoid the policy.
46.
Under the Indian Succession Act,1925 (39 of 1925), section 360 of Sec. 361, to compel a refund by a person to whom an executor or administrator has paid a legacy or distributed assets.Three yearsThe date of the payment or distribution.
47.
For money paid upon on existing consideration which afterwards fails.Three yearsThe date of failure.
48.
For contribution by a party who has paid the whole or more then his share of the amount due under a joined 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.Three yearsThe date of the payment in excess of the plaintiff's own share.
49.
By a co-trustee to enforce against the estate of a deceased trustee a claim for contribution.Three yearsWhen the right to contribution accrues.
50.
By the manager of joint estate of an undivided family for contribution, in respect of payment made by him on account of the estate.Three years The date of the payment.
51.
For the profits of immovable property belonging to the plaintiff which have been wrongfully received by the defendant. Three years When the profits are received.
52.
For arrears of rent. Three years When the arrears become due.
53.
By a vendor of immovable property for personal payment of up-paid purchase money. Three years The time fixed for completing the sale, or (where the title is accepted after the time fixed for completion) the date of the acceptance.
54.
For specific performance of a contract.Three yearsThe date of fixed for the performance, or, if no such date is fixed, when the plaintiff has notice that performance is refused.
55.
For compensation for the breach of any contract, express or implied, not herein specially provided for.Three years When the contract is broken or (where there are successive breaches) when the breach in respect of which the suit is instituted occurs or (where the breach is continuing) when it ceases.
PART III-Suits relating to Declarations

56.
To declare the forgery of an instrument issued or registered. Three years When the issue or registration becomes known to the plaintiff.
57.
To obtain a declaration that an alleged adoption is invalid, or never, in fact, took place.Three years When the alleged adoption becomes known to the plaintiff.
58.
To obtain any other declaration.Three years When the right to sue first accrues.
PART IV - Suits relating to decrees and instruments

59.
To cancel or set aside an instrument or decree or for the rescission of a contract.Three yearsWhen the facts entitling the plaintiff to have the instrument or decree cancelled or set aside or the contract rescinded first becomes known to him.
60.


(a)
To set aside a transfer of property made by the guardian of a ward

By the ward who has attained majority;






Three years






 When the ward attains majority.
(b)
By the ward's legal representativeThree years When the ward dies within three years from the date of attaining majority; When the ward attains majority.

When the ward dies before attaining majorityThree yearsWhen the ward dies.
61.

(a)
By a mortgagor -

To redeem or recover, possession of immovable property mortgaged;



Thrity years



 When the right to redeem or to recover possession accrues.
(b)
To recover possession of immovable property mortgaged and afterwards transferred by the mortgagee for a valuable consideration. 
Twelve yearsWhen the transfer becomes known to plaintiff.
(c)
To recover surplus collection received by the mortgagee after the mortgage has been satisfied.Three yearsWhen the mortgagor reenters on the mortgaged property.
PART V - Suits relating to Immovable Property

62.
To enforce payment of money secured by a mortgage or otherwise charged upon immovable property. Twelve years    
When the money sued for becomes due.
63.
(a)
By a mortgag-
For foreclosure;

Thirty yearsWhen the money secured by the mortgage becomes due.
(b)
For possession of immovable property mortgaged.Twelve yearsWhen the mortgagee becomes entitled to possession.
64.
For possession of immovable property based on previous possession and not on title, when the plaintiff while in possession of the property has been dispossessed. Twelve yearsThe date of dispossession.
65.
For possession of immovable property or any interest therein based on title.Twelve yearsWhen the possession of the defendant becomes adverse to the plaintiff.



Explanation- for the purposes of this article -
(a) Where the suit is by a remainder-man, a reversionary (other than a landlord); or a devisee the possession of the defendant shall be deemed to become adverse only when the estate of the remainder man, reversionary 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 judgment-debtor was out of possession at the date of the sale, the purchaser shall be deemed to be a representative of the judgment-debtor who was out of possession.
66.
For possession of immovable property when the plaintiff has become entitled to possession by reason of any forfeiture or breach of condition. Twelve yearsWhen the forfeiture is incurred or the condition is broken.
67.
By a landlord to recover possession from a tenant. Twelve yearsWhen 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 yearsWhen 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 yearsWhen 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.
71.To recover movable property deposited or pawned, and afterwards brought from the deposited or pawned, and afterwards brought from the depositary or pawnee for a valuable consideration. Three yearsWhen the sale becomes known to the plaintiff.
PART VII - Suits relating to torts

 
72. 
For compensation for doing or for omitting to do an act alleged to be in pursuance of any  enactment in force for the time being in the territories to which this Act extends.One year   
When the act or omission takes place.
73.
For compensations for false imprisonment. 
One year When the imprisonment ends.
74.
For compensation for malicious prosecution.One yearWhen the plaintiff is acquitted or the prosecution is otherwise terminated.
75.
For compensation for libel.One yearWhen the libel is published.
76.
For compensation for slander.One year When the words are spoken or if the words are not actionable in themselves, when the special damage complained of results.
77.
For compensation for loss of service occasioned by the seduction of the plaintiff's servant or daughter.One year When the loss occurs.
78.
For compensation for inducing a person to break a contract with the plaintiff.One year The date of the breach.
79.
For compensation for anillegal, irregular or excessive distress. One year The date of the distress.
80.
For compensation for wrongful seizure or movable property under legal process.One yearThe date of the seizure.
81.
By executors, administrators or representatives under the Legal Representatives Suits Act,1855.One year The date of the death of the person wronged.
82.
By executors, administrators or representatives under the Indian Fatal Accidents Act,1855. Two yearsThe date of the death of the person killed.
83.
Under the Legal Representative Suits Act,1855 against an executor, and administrator or any other representative.Two yearsWhen the wrong complained of is done.
84.
Against one who, having a right to use property for specific purposes, perverts it to other purposes. 
Two yearsWhen the perversion first becomes known to the person injured thereby.
85.
For compensation for obstructing a way or a water course.Three yearsThe date of the obstruction.
86.
For compensation for diverting a water course. Three yearsThe date of the diversion.
87.
For compensation for trespass upon immovable property.Three years The date of the trespass.
88.
For compensation for infringing copyright or any other exclusive privilege.Three years The date of the infringement.
89.
To restrain waste.Three yearsWhen the waste begins.
90.
For compensation for injury caused by an injunction wrongfully obtained. Three years When the injunction ceases.
91.

(a)
For compensation

For wrongfully taking or detaining any specific movable property lost, or acquired by theft, or dishonest misappropriation or conversion.



Three years

When the person having the right to the possession of the property first learns in whose possession it is.
(b)
For wrongfully taking or injuring or wrongfully detaining any other specific movable property.Three yearsWhen the property is wrongfully taken or injured, or when the detainee's possession becomes unlawful.
 PART VIII - Suits relating to trust and trust property

92.
To recover possession of immovable property conveyed or bequeathed in trust and afterwards transferred by the trustee for a valuable consideration.Twelve yearsWhen the transfer becomes known to the plaintiff.
93.
To recover possession of immovable property conveyed or bequeathed in trust and afterwards transferred by the trustee for a valuable consideration.Three yearsWhen the transfer becomes known to the plaintiff.
94.
To set aside a transfer to immovable property comprised in a Hindu, Muslim or Buddhist religious or charitable endowment, made by a manager thereof for a valuable consideration.Twelve yearsWhen the transfer becomes known to the plaintiff.
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.Three yearsWhen the transfer, becomes known to the plaintiff.
96.
By the manager of a Hindu Muslim or Buddhist religious or charitable endowment to recover possession of movable or immovable property comprised in the endowment.Twelve yearswhich has been transferred by a previous manager for a valuable consideration.

PART IX - Suits relating to miscellaneous matters

97.   
To enforce a right of preemption whether the right is founded on law or general usage or on special contract.One yearWhen 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 instruments of sale is registered.
98.
By a person against whom an order referred to R.63 or rule 103 of Order XXI of the Code of Civil Procedure, 1908 or an order under section 28 of the Presidency Small Cause Courts Act,1882 has been made, to establish the right which he claims o the property comprised in the order. One yearThe date of the final order.
99.
To set aside a sale by a civil or revenue court or a sale for arrears of Government revenue or for any demand recoverable as such arrears.One yearWhen the sale is confirmed or would otherwise have become final and conclusive had no such suit been brought.
100.To alter or set aside any decision r order of a civil court any proceeding other than a suit of any act or order of an officer of Government in his official capacity. One year 
The date of the final decision or order by the court or the date of the act or order of the officer, as the case may.
101.Upon a judgment including a foreign judgment, or a recognizance. Three years The date of the judgment or recognizance.
102.For property which the plaintiff has conveyed while insane.Three yearsWhen the plaintiff is restored to sanity and has knowledge of the conveyance.
103.
To make good out of the general estate of a deceased trustee the loss occasioned by a breach of trust. Three yearsThe date of the trustee's death or if the loss has not then resulted, the date of the loss.
104.
To establish a periodically recurring right.Three yearsWhen the plaintiff is first refused the enjoyment for the right.
105.
By a Hindu for arrears of maintenance.Three yearsWhen the arrears are payable.
106.
For a legacy or for a share of a residue bequeathed by a testator or for a distributive share of the property of an intestate against an executor or an administrator or an administrator or some other person legally charged with the duty of distributing the estate.
Twelve years

When the legacy or share becomes payable or deliverable.
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.
Twelve years When the defendant takes possession of the office adversely to the plaintiff.
108.
Suit during the life of a Hindu r 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. Twelve yearsThe date of the alienation.
109.
By Hindu governed by Mitakshara Law to set aside his father's alienation or ancestral property. Twelve years When the Aileen takes possession of the property.
110.
By a person excluded from a joint-family property to enforce a right to share therein.Twelve years When the exclusion becomes known to the plaintiff.
111.
By or on behalf of any local authority for possession of any public street or road or any part thereof from which it has been dispossessed or of which it has discontinued the possession. Thirty years The date of the dispossession or discontinuance.
112.
Any suit (except a suit before the Supreme Court in the exercise of its original jurisdiction) by or on behalf of the Central Government, or any State Government including the Government of the State of Jammu and Kashmir. Thirty years When the period of limitation would begin to run under this Act against a like suit by a private person.
PART X - Suits for which there is no prescribed period
 
113. 
Any suit for which no period of limitation is provided elsewhere in this Schedule.Three years When the right to sue accrues.
     
Last updated on November, 2016

Find a Lawyer

Legal Hall of Fame

The current Legal Luminaries of India, the credible names in the legal circle along with those who would be the leading stars of the next decade. These are some of the reliable names in field of law. Nominate the Legal Stars of tomorrow

More

Recent Judgment


Sudha Mishra vs. Surya Chandra Mishra( R.F.A 299 of 2014

The Hon'ble High Court of Delhi in Sudha Mishra vs. Surya Chandra Mishra (R.F.A 299 of 2014)has ruled that a woman has a right over the property of her husband but she cannot claim a right to live in the house of her parents-in-law

More

Bare Acts

Helpline Law provides a user friendly compendium of Indian Law & Bare Acts. Get a complete list & detail of Indian Bare Acts, with amendments and repeals. It comes with easy-to-use features like Search by bare acts & by year. You can even email the information to yourself!

More

Have a Legal Matter ?
Need a Lawyer?

Have a Legal Matter ?

Need a Lawyer?

Male
Female