What is a time barred debt? - Answers (2024)

THE LIMITATION ACT, 1963

ACT NO. 36 OF 1963*

[5th October, 1963.]

An Act to consolidate and amend the law for the limitation ofsuits and other proceedings and for purposes connectedtherewith.

[5th October, 1963.]

BE it enacted by Parliament in the Fourteenth Year of theRepublic of India as follows:-

PART

PRELIMINARY

PART I

PRELIMINARY

1.

Short title, extent and commencement.

1. Short title, extent and commencement. (1) This Act may becalled the Limitation Act, 1963.

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

(3) It shall come into force on such date 1* as the CentralGovernment may, by notification in the Official Gazette,appoint.

2.

Definitions.

2. Definitions. In this Act, unless the context otherwiserequires,-

(a) "applicant" includes-

(i) a petitioner;

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

(iii) any person whose estate is represented by the applicant asexecutor, 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 obligeshimself to pay money to another, on condition that the obligationshall be void if a specified act is performed, or is not performed,as the case may be;

---------------------------------------------------------------------*This Act shall come into force in the State of Sikkim on 1-9-1984Vide Notifn. No. S. O. 647(E), dt. 24.8.84 Gaz. of India, Exty. Pt.II Sec. 3(ii) and amended in West Bengal by W.B. Act 18 of1977.

1 1st January, 1964; vide Notifn. No. S.O. 3118, dated29-10-1963, see Gazette of India, Pt. II, Sec. 3(ii), p. 3918.

580

(e) "defendant" includes-

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

(ii) any person whose estate is represented by the defendant asexecutor, administrator or other representative;

(f) "easem*nt" includes a right not arising from contract, bywhich one person is entitled to remove and appropriate for his ownprofit any part of the soil belonging to another or anythinggrowing in, or attached to, or subsisting upon, the land ofanother;

(g) "foreign country" means any country other than India;

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

(i) "plaintiff" includes-

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

(ii) any person whose estate is represented by the plaintiff asexecutor, administrator or other representative;

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

(k) "promissory note" means any instrument whereby the makerengages absolutely to pay a specified sum of money to another at atime 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 thebreach of a contract or the breach of a trust;

(n) "trustee" does not include a benamidar, a mortgageeremaining in possession after the mortgage has been satisfied or aperson in wrongful possession without title.

581

PART

LIMITATION OF SUITS, APPEALS AND APPLICATIONS

PART II

LIMITATION OF SUITS, APPEALS AND APPLICATIONS

3.

Bar of Limitation.

3. Bar of Limitation. (1) Subject to the provisions contained insections 4 to 24 (inclusive), every suit instituted, appealpreferred, and application made after the prescribed period shallbe dismissed although limitation has not been set up as adefence.

(2) For the purposes of this Act,-

(a) a suit is instituted,-

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

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

(iii) in the case of a claim against a company which is beingwound up by the court, when the claimant first sends in his claimto the official liquidator;

(b) any claim by way of a set off or a counter claim, shall betreated as a separate suit and shall be deemed to have beeninstituted-

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

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

(c) an application by notice of motion in a High Court is madewhen the application is presented to the proper officer of thatcourt.

4.

Expiry of prescribed period when court is closed.

4. Expiry of prescribed period when court is closed. Where theprescribed period for any suit, appeal or application expires on aday when the court is closed, the suit, appeal or application maybe instituted, preferred or made on the day when the courtre-opens.

Explanation.-A court shall be deemed to be closed on any daywithin the meaning of this section if during any part of its normalworking hours it remains closed on that day.

5.

Extension of prescribed period in certain cases.

5. Extension of prescribed period in certain cases. Any appealor any application, other than an application under any of theprovisions of Order XXI of the Code of Civil Procedure, 1908 (5 of1908), may be admitted after the prescribed period if the appellantor

582

the applicant satisfies the court that he had sufficient causefor not preferring the appeal or making the application within suchperiod.

Explanation.-The fact that the appellant or the applicant wasmisled by any order, practice or judgment of the High Court inascertaining or computing the prescribed period may be sufficientcause within the meaning of this section.

6.

Legal disability.

6. Legal disability. (1) Where a person entitled to institute asuit or make an application for the execution of a decree is, atthe time from which the prescribed period is to be reckoned, aminor or insane, or an idiot, he may institute the suit or make theapplication within the same period after the disability has ceased,as would otherwise have been allowed from the time specifiedtherefor in the third column of the Schedule.

(2) Where such person is, at the time from which the prescribedperiod is to be reckoned, affected by two such disabilities, orwhere, before his disability has ceased, he is affected by anotherdisability, he may institute the suit or make the applicationwithin the same period after both disabilities have ceased, aswould otherwise have been allowed from the time so specified.

(3) Where the disability continues up to the death of thatperson, his legal representative may institute the suit or make theapplication within the same period after the death, as wouldotherwise 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 insub-sections (1) and (2) shall apply.

(5) Where a person under disability dies after the disabilityceases but within the period allowed to him under this section, hislegal representative may institute the suit or make the applicationwithin the same period after the death, as would otherwise havebeen available to that person had he not died.

Explanation.-For the purposes of this section, 'minor' includesa child in the womb.

7.

Disability of one of several persons.

7. Disability of one of several persons. Where one of severalpersons jointly entitled to institute a suit or make an applicationfor the execution of a decree is under any such disability, and adischarge can be given without the concurrence of such person, timewill run against them all; but, where

583

no such discharge can be given, time will not run as against anyof them until one of them becomes capable of giving such dischargewithout the concurrence of the others or until the disability hasceased.

Explanation I.- This section applies to a discharge from everykind of liability, including a liability in respect of anyimmovable property.

Explanation II.- For the purposes of this section, the managerof a Hindu undivided family governed by the Mitakshara law shall bedeemed to be capable of giving a discharge without the concurrenceof the other members of the family only if he is in management ofthe joint family property.

8.

Special exceptions.

8. Special exceptions. Nothing in section 6 or in section 7applies to suits to enforce rights of pre-emption, or shall bedeemed to extend, for more than three years from the cessation ofthe disability or the death of the person affected thereby, theperiod of limitation for any suit or application.

9.

Continuous running of time.

9. Continuous running of time. Where once time has begun to run,no subsequent disability or inability to institute a suit or makean application stops it:

Provided that, where letters of administration to the estate ofa creditor have been granted to his debtor, the running of theperiod of limitation for a suit to recover the debt shall besuspended while the administration continues.

10.

Suits against trustees and their representatives.

10. Suits against trustees and their representatives.Notwithstanding anything contained in the foregoing provisions ofthis Act, no suit against a person in whom property has becomevested in trust for any specific purpose, or against his legalrepresentatives or assigns (not being assigns for valuableconsideration), for the purpose of following in his or their handssuch property, or the proceeds thereof, or for an account of suchproperty or proceeds, shall be barred by any length of time.

Explanation.-For the purposes of this section any propertycomprised in a Hindu, Muslim or Buddhist religious or charitableendowment shall be deemed to be property vested in trust for aspecific purpose and the manager of the property shall be deemed tobe the trustee thereof.

11.

Suits on contracts entered into outside the territories to whichtheAct extends.

11. Suits on contracts entered into outside the territories towhich the Act extends. (1) Suits instituted in the territories towhich this Act extends on contracts entered into in the State ofJammu and Kashmir or in a

584

foreign country shall be subject to the rules of limitationcontained in this Act.

(2) No rule of limitation in force in the State of Jammu andKashmir or in a foreign country shall be a defence to a suitinstituted in the said territories on a contract entered into inthat 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 foreigncountry during the period prescribed by such rule.

PART

COMPUTATION OF PERIOD OF LIMITATION

PART III

COMPUTATION OF PERIOD OF LIMITATION

12.

Exclusion of time in legal proceedings.

12. Exclusion of time in legal proceedings. (1) In computing theperiod of limitation for any suit, appeal or application, the dayfrom which such period is to be reckoned, shall be excluded.

(2) In computing the period of limitation for an appeal or anapplication for leave to appeal or for revision or for review of ajudgment, the day on which the judgment complained of waspronounced and the time requisite for obtaining a copy of thedecree, sentence or order appealed from or sought to be revised orreviewed shall be excluded.

(3) Where a decree or order is appealed from for sought to berevised or reviewed, or where an application is made for leave toappeal from a decree or order, the time requisite for obtaining acopy of the judgment on which the decree or order is founded shallalso be excluded.

(4) In computing the period of limitation for an application toset aside an award, the time requisite for obtaining a copy of theaward shall be excluded.

Explanation.-In computing under this section the time requisitefor obtaining a copy of a decree or an order, any time taken by thecourt to prepare the decree or order before an application for acopy thereof is made shall not be excluded.

13.

Exclusion of time in cases where leave to sue or appeal as apauper isapplied for.

13. Exclusion of time in cases where leav to sue or appeal as apauper is applied for. In computing the period of limitationprescribed for any suit or appeal in any case where an applicationfor leave to sue or appeal as a pauper has been made and rejected,the time during which the applicant has been prosecuting in goodfaith his application for such

585

leave shall be excluded, and the court may, on payment of thecourt fees prescribed for such suit or appeal, treat the suit orappeal as having the same force and effect as if the court fees hadbeen paid in the first instance.

14.

Exclusion of time of proceeding bonafide in courtwithoutjurisdiction.

14. Exclusion of time of proceeding bonafide in court withoutjurisdiction. (1) In computing the period of limitation for anysuit the time during which the plaintiff has been prosecuting withdue diligence another civil proceeding, whether in a court of firstinstance or of appeal or revision, against the defendant shall beexcluded, where the proceeding relates to the same matter in issueand is prosecuted in good faith in a court which, from defect ofjurisdiction or other cause of a like nature, is unable toentertain it.

(2) In computing the period of limitation for any application,the time during which the applicant has been prosecuting with duediligence another civil proceeding, whether in a court of firstinstance or of appeal or revision, against the same party for thesame relief shall be excluded, where such proceeding is prosecutedin good faith in a court which, from defect of jurisdiction orother cause of a like nature, is unable to entertain it.

(3) Notwithstanding anything contained in rule 2 of Order XXIIIof the Code of Civil Procedure, 1908 (5 of 1908), the provisions ofsub-section (1) shall apply in relation to a fresh suit institutedon permission granted by the court under rule 1 of that Order,where such permission is granted on the ground that the first suitmust fail by reason of a defect in the jurisdiction of the court orother cause of a like nature.

Explanation.-For the purposes of this section,-

(a) in excluding the time during which a former civil proceedingwas pending, the day on which that proceeding was instituted andthe day on which it ended shall both be counted;

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

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

15.

Exclusion of time in certain other cases.

15. Exclusion of time in certain other cases. (1) In computingthe period of limitation for any suit or application for theexecution of a decree, the institution or execution of which hasbeen stayed by injunction or order, the time of the con-

586

tinuance of the injunction or order, the day on which it wasissued or made, and the day on which it was withdrawn, shall beexcluded.

(2) In computing the period of limitation for any suit of whichnotice has been given, or for which the previous consent orsanction of the Government or any other authority is required, inaccordance with the requirements of any law for the time being inforce, the period of such notice or, as the case may be, the timerequired for obtaining such consent or sanction shall beexcluded.

Explanation.-In excluding the time required for obtaining theconsent or sanction of the Government or any other authority, thedate on which the application was made for obtaining the consent orsanction and the date of receipt of the order of the Government orother authority shall both be counted.

(3) In computing the period of limitation for any suit orapplication for execution of a decree by any receiver or interimreceiver appointed in proceedings for the adjudication of a personas an insolvent or by any liquidator or provisional liquidatorappointed in proceedings for the winding up of a company, theperiod beginning with the date of institution of such proceedingand ending with the expiry of three months from the date ofappointment of such receiver or liquidator, as the case may be,shall be excluded.

(4) In computing the period of limitation for a suit forpossession by a purchaser at a sale in execution of a decree, thetime during which a proceeding to set aside the sale has beenprosecuted shall be excluded.

(5) In computing the period of limitation for any suit the timeduring which the defendant has been absent from India and from theterritories outside India under the administration of the CentralGovernment, shall be excluded.

16.

Effect of death on or before the accrual of the right tosue.

16. Effect of death on or before the accrual of the right tosue. (1) Where a person who would, if he were living, have a rightto institute a suit or make an application dies before the rightaccrues, or where a right to institute a suit or make anapplication accrues only on the death of a person, the period oflimitation shall be computed from the time when there is a legalrepresentative of the deceased capable of instituting such suit ormaking such application.

(2) Where a person against whom, if he were living, a right toinstitute a suit or make an application would have accrued diesbefore the right accrues, or where a right to institute a suit ormake

587

an application against any person accrues on the death of suchperson, the period of limitation shall be computed from the timewhen there is a legal representative of the deceased against whomthe plaintiff may institute such suit or make such application.

(3) Nothing in sub-section (1) or sub-section (2) applies tosuits to enforce rights of pre-emption or to suits for thepossession of immovable property or of a hereditary office.

17.

Effect of fraud or mistake.

17. Effect of fraud or mistake. (1) Where, in the case of anysuit or application for which a period of limitation is prescribedby this Act,-

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

(b) the knowledge of the right or title on which a suit orapplication is founded is concealed by the fraud of any such personas aforesaid; or

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

(d) where any document necessary to establish the right of theplaintiff or applicant has been fraudulently concealed fromhim;

the period of limitation shall not begin to run until theplaintiff or applicant has discovered the fraud or the mistake orcould, with reasonable diligence, have discovered it; or in thecase of a concealed document, until the plaintiff or the applicantfirst had the means of producing the concealed document orcompelling its production:

Provided that nothing in this section shall enable any suit tobe instituted or application to be made to recover or enforce anycharge against, or set aside any transaction affecting, anyproperty which--

(i) in the case of fraud, has been purchased for valuableconsideration by a person who was not a party to the fraud and didnot at the time of the purchase know, or have reason to believe,that any fraud had been committed, or

(ii) in the case of mistake, has been purchased for valuableconsideration subsequently to the transaction in which the mistakewas made, by a person who did not know, or have reason to believe,that the mistake had been made, or

(iii) in the case of a concealed document, has been purchasedfor valuable consideration by a person who was not a party

588

to the concealment and, did not at the time of purchase know, orhave reason to believe, that the document had been concealed.

(2) Where a judgment-debtor has, by fraud or force, preventedthe execution of a decree or order within the period of limitation,the court may, on the application of the judgment-creditor madeafter the expiry of the said period extend the period for executionof the decree or order:

Provided that such application is made within one year from thedate of the discovery of the fraud or the cessation of force, asthe case may be.

18.

Effect of acknowledgment in writing.

18. Effect of acknowledgment in writing. (1) Where, before theexpiration of the prescribed period for a suit or application inrespect of any property or right, an acknowledgment of liability inrespect of such property or right has been made in writing signedby the party against whom such property or right is claimed, or byany person through whom he derives his title or liability, a freshperiod of limitation shall be computed from the time when theacknowledgment was so signed.

(2) Where the writing containing the acknowledgment is undated,oral evidence may be given of the time when it was signed; butsubject to the provisions of the Indian Evidence Act, 1872 (1 of1872), oral evidence of its contents shall not be received.

Explanation.-For the purposes of this section,-

(a) an acknowledgment may be sufficient though it omits tospecify the exact nature of the property or right, or avers thatthe time for payment, delivery, performance or enjoyment has notyet come or is accompanied by a refusal to pay, deliver, perform orpermit to enjoy, or is coupled with a claim to set-off, or isaddressed to a person other than a person entitled to the propertyor right,

(b) the word "signed" means signed either personally or by anagent duly authorised in this behalf, and

(c) an application for the execution of a decree or order shallnot be deemed to be an application in respect of any property orright.

19.

Effect of payment on account of debt or of interest onlegacy.

19. Effect of payment on account of debt or of interest onlegacy. Where payment on account of a debt or of interest on alegacy is made before the expiration of the prescribed period bythe person liable to pay the debt or legacy or by his agent dulyauthori-

589

sed in this behalf, a fresh period of limitation shall becomputed from the time when the payment was made:

Provided that, save in the case of payment of interest madebefore the 1st day of January, 1928, an acknowledgment of thepayment 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 mortgagee,the receipt of the rent or produce of such land shall be deemed tobe a payment;

(b) "debt" does not include money payable under a decree ororder of a court.

20.

Effect of acknowledgment or payment by another person.

20. Effect of acknowledgment or payment by another person. (1)The expression "agent duly authorised in this behalf" in sections18 and 19 shall, in the case of a person under disability, includehis lawful guardian, committee or manager or an agent dulyauthorised by such guardian, committee or manager to sign theacknowledgment or make the payment.

(2) Nothing in the said sections renders one of several jointcontractors, partners, executors or mortgagees chargeable by reasononly of a written acknowledgment signed by, or of a payment madeby, or by the agent of, any other or others of them.

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

(a) an acknowledgment signed or a payment made in respect of anyliability by, or by the duly authorised agent of, any limited ownerof property who is governed by Hindu law, shall be a validacknowledgment or payment, as the case may be, against areversioner succeeding to such liability; and

(b) where a liability has been incurred by, or on behalf of aHindu undivided family as such, an acknowledgment or payment madeby, or by the duly authorised agent of, the manager of the familyfor the time being shall be deemed to have been made on behalf ofthe whole family.

21.

Effect of substituting or adding new plaintiff or defendant.

21. Effect of substituting or adding new plaintiff or defendant.(1) Where after the institution of a suit, a new plaintiff ordefendant is substituted or added, the suit shall, as regards him,be deemed to have been instituted when he was so made a party:

590

Provided that where the court is satisfied that the omission toinclude a new plaintiff or defendant was due to a mistake made ingood faith it may direct that the suit as regards such plaintiff ordefendant shall be deemed to have been instituted on any earlierdate.

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

22.

Continuing breaches and torts.

22. Continuing breaches and torts. In the case of a continuingbreach of contract or in the case of a continuing tort, a freshperiod of limitation begins to run at every moment of the timeduring which the breach or the tort, as the case may be,continues.

23.

Suits for compensation for acts not actionable without specialdamage.

23. Suits for compensation for acts not actionable withoutspecial damage. In the case of a suit for compensation for an actwhich does not give rise to a cause of action unless some specificinjury actually results therefrom, the period of limitation shallbe computed from the time when the injury results.

24.

Computation of time mentioned in instruments.

24. Computation of time mentioned in instruments. Allinstruments shall for the purposes of this Act be deemed to be madewith reference to the Gregorian calendar.

PART

ACQUISITION OF OWNERSHIP BY POSSESSION

PART IV

ACQUISITION OF OWNERSHIP BY POSSESSION

25.

Acquisition of easem*nts by prescription.

25. Acquisition of easem*nts by prescription. (1) Where theaccess and use of light or air to and for any building have beenpeaceably enjoyed therewith as an easem*nt, and as of right,without interruption, and for twenty years, and where any way orwatercourse or the use of any water or any other easem*nt (whetheraffirmative or negative) has been peaceably and openly enjoyed byany person claiming title thereto as an easem*nt and as of rightwithout interruption and for twenty years, the right to such accessand use of light or air, way, watercourse, use of water, or othereasem*nt shall be absolute and indefeasible.

(2) Each of the said periods of twenty years shall be taken tobe a period ending within two years next before the institution ofthe suit wherein the claim to which such period relates iscontested.

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

591

read as if for the words "twenty years" the words "thirty years"were substituted.

Explanation.-Nothing is an interruption within the meaning ofthis section, unless where there is an actual discontinuance of thepossession or enjoyment by reason of an obstruction by the act ofsome person other than the claimant, and unless such obstruction issubmitted to or acquiesced in for one year after the claimant hasnotice thereof and of the person making or authorising the same tobe made.

26.

Exclusion in favour of reversioner of servient tenement.

26. Exclusion in favour of reversioner of servient tenement.Where any land or water upon, over or from, which any easem*nt hasbeen enjoyed or derived has been held under or by virtue of anyinterest for life or in terms of years exceeding three years fromthe granting thereof, the time of the enjoyment of such easem*ntduring the continuance of such interest or term shall be excludedin the computation of the period of twenty years in case the claimis, within three years next after the determination of suchinterest or term, resisted by the person entitled on suchdetermination to the said land or water.

27.

Extinguishment of right to property.

27. Extinguishment of right to property. At the determination ofthe period hereby limited to any person for instituting a suit forpossession of any property, his right to such property shall beextinguished.

PART

MISCELLANEOUS

PART V

MISCELLANEOUS

28.

Amendment of certain Acts. [Repealed.]

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

29.

Savings.

29. Savings. (1) Nothing in this Act shall affect section 25 ofthe 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 theperiod prescribed by the Schedule, the provisions of section 3shall apply as if such period were the period prescribed by theSchedule and

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for the purpose of determining any period of limitationprescribed for any suit, appeal or application by any special orlocal law, the provisions contained in sections 4 to 24 (inclusive)shall apply only in so far as, and to the extent to which, they arenot expressly excluded by such special or local law.

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

(4) Sections 25 and 26 and the definition of "easem*nt" insection 2 shall not apply to cases arising in the territories towhich the Indian Easem*nts Act, 1882, (5 of 1882.) may for the timebeing extend.

30.

Provision for suits, etc., for which the prescribed period isshorterthan the period prescribed by the Indian Limitation Act,1908.

30. Provision for suits, etc., for which the prescribed periodis 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 thanthe period of limitation prescribed by the Indian Limitation Act,1908 (9 of 1908), may be instituted within a period of 1*[sevenyears] next after the commencement of this Act or within the periodprescribed for such suit by the Indian Limitation Act, 1908,whichever period expires earlier:

2*[Provided that if in respect of any such suit, the said periodof seven years expires earlier than the period of limitationprescribed therefor under the Indian Limitation Act, 1908 (9 of1908) and the said period of seven years together with so much ofthe period of limitation in respect of such suit under the IndianLimitation Act, 1908, as has already expired before thecommencement of this Act is shorter than the period prescribed forsuch suit under this Act, then, the suit may be instituted withinthe period of limitation prescribed therefor under this Act;]

(b) any appeal or application for which the period of limitationis shorter than the period of limitation prescribed by the IndianLimitation Act, 1908 (9 of 1908), may be preferred or made---------------------------------------------------------------------1 Subs. by Act 10 of 1969, s. 2, for "five years"(retrospectively). 2 Ins. by s. 2, ibid.

592A

within a period of ninety days next after the commencement ofthis Act or within the period prescribed for such appeal orapplication by the Indian Limitation Act, 1908 (9 of 1908),whichever period expires earlier.

31.

Provisions as to barred or pending suits, etc.

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

(a) enable any suit, appeal or application to be instituted,preferred or made, for which the period of limitation prescribed bythe Indian Limitation Act, 1908 (9 of 1908), expired before thecommencement of this Act; or

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

32.

Repeal. [Repealed.]

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

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SCHE

PERIODS OF LIMITATION

THE SCHEDULE

(PERIODS OF LIMITATION)

[See sections 2(j) and 3]

FIRST DIVISION-SUITS

---------------------------------------------------------------------Description of suit Period of limitation Time from which periodbegins to run---------------------------------------------------------------------PART I.-SUITS RELATING TO ACCOUNTS

1 For the balance due Three years. The close of the year on amutural, open in which the last and current account, item admittedor where there have been proved is entered in reciprocal demandsthe account; such between the parties. year to be computed as inthe account.

2 Against a factor for Three years. When the account is, anaccount. during the continuance of the agency, demanded and refusedor, where no such demand is made, when the agency terminates.

3 By a principal against Three years. When the account is, hisagent for movable during the continuance property received by ofthe agency,demanded the latter and not and refused or, whereaccounted for. no such demand is made, when the agencyterminates.

4 Others suits by Three years. When the neglect or principalsagainst misconduct becomes agents for neglect known to the ormisconduct. plaintiff.

5 For an account and a Three years. The date of the share of theprofits of a dissolution. dissolved partnership.

PART II.-SUITS RELATING TO CONTRACTS

6 For a seaman's wages Three years. The end of the voyage duringwhich the wages are earned.

7 For wages in the case Three years. When the wages accure ofany other person. due.

8 For the price of food Three years. When the food or drink ordrink sold by the is delivered. keeper of a hotel, tavern orlodging- house.

9 For the price of lodging Three years. When the price becomespayable.

10 Against a carrier for Three years. When the loss or injurycompensation for occurs. losing or injuring goods.----------------------------------------------------------------------

594----------------------------------------------------------------------Description of suit Period of limitation Time from which periodbegins to run----------------------------------------------------------------------

11 Against a carrier for Three years. When the goods oughtcompensation for non- to be delivered. delivery of, or delay indelivering, goods.

12 For the hire of Three years. When the hire becomes animals,vehicles, payable. boats or household furniture.

13 For the balance of Three years. When the goods ought moneyadvanced in to be delivered. payment of goods to be delivered.

14 For the price of goods Three years. The date of the sold anddelivered delivery of the goods. where no fixed period of credit ofa fixed period of credit is agreed upon.

15 For the price of goods Three years. When the period of soldand delivered to credit expires. be paid for after the expiry of afixed period of credit.

16 For the price of goods Three years. When the period of soldand delivered to the proposed bill be paid for by a bill elapses.of exchange, no such bill being given.

17 For the price of trees Three years The date of the sale. orgrowing crops sold by the plaintiff to the defendant where no fixedperiod of credit is agreed upon.

18 For the price of work Three years. When the work is done.done by the plaintiff for the defendant at his request, where notime has been fixed for payment.

19 For money payable for Three years. When the loan is made.money lent.

20 Like suit when the Three years. When the cheque is lender hasgiven a paid. cheque for the money.

21 For money lent under Three years. When the loan is made. anagreement that it shall be payable on demand.

22 For money deposited Three years. When the demand is under anagreement made. that it shall be payable on demand, including moneyof a customer in the hands of his banker so payable.----------------------------------------------------------------------

595

---------------------------------------------------------------------Description of suit Period of Time from which period limitationbegins to run---------------------------------------------------------------------

23 For money payable Three years. When the money is to theplaintiff for paid. money paid for the defendant.

24 For money payable by Three years. When the money is thedefendant to the received. plaintiff for money received by thedefendant, for the plaintiff's use.

25 For money payable for Three years. When the interest interestupon money becomes due. due from the defendant to theplaintiff.

26 For money payable to Three years. When the accounts theplaintiff for are stated in writing money found to be due signed bythe defendant from the defendant to or his agent duly the plaintiffon accounts authorised in this stated between them. behalf. unlesswhere the debt is, by a simulta- neous ageement in writing signedas afoesaid, made payable at a future time, and then when that timearrives.

27 For compensation for Three years. When the time breach of apromise to specified arrives do anything at a or the contingencyspecified time, or upon happens. the happening of a specifiedcontingency.

28 On a single bond, where Three years. The day so specified. aday is specified for payment.

29 On a single bond, where Three years. The date of executing nosuch day is specified. the bond.

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

31 On a bill of exchange Three years. When the bill or note orpromissory note falls due. payable at a fixed time after date.

32 On a bill of exchange Three years. When the bill is payableat sight, or presented. after sight, but not at a fixed time.

33 On a bill of exchange Three years. When the bill is prese-accepted payable at a nted at that place. particular place.

34 On a bill of exchange Three years. When the fixed time orpromissory note expires. payable at a fixed time after sight orafter demand.

596----------------------------------------------------------------------Description of suit Period of Time from which period limitationbegins to run----------------------------------------------------------------------35 On a bill of exchange Three years. The date of the bill or orpromissory note note. payable on demand and not accompanied by anywriting restraining or postponing the right to sue.

36 On a promissory note Three years. The expiration of the orbond payable by first term of payment instalments. as to the partthen payable ; and for the other parts, the expi- ration of therespec- tive terms of payment.

37 On a promissory note Three years. When the default is or bondpayable by made, unless where instalments, which the payee orobligee provides that, if waives the benefit default be made in ofthe provision payment of one or and then when fresh moreinstalments, the default is made in whole shall be due. respect ofwhich there is no such waiver.

38 On a promissory note Three years. The date of the deliv-given by the maker ery to the payee. to a third person to bedelivered to the payee after a certain event should happen.

39 On a dishonoured fore- Three years. When the notice is ignbill where protest given. has been made and notice given.

40 By the payee against Three years. The date of the refusal thedrawer of a bill to accept. of exchange, which has been dishonouredby non acceptance.

41 By the acceptor of an Three years. When the acceptor paysaccommodation-bill the amount of the against the drawer. bill.

42 By a surety against Three years. When the surety pays theprincipal debtor. the creditor.

43 By a surety against Three years. When the surety pays aco-surety. anything in excess of his own share.

44 (a) On a policy of Three years. The date of the deathinsurance when the of the deceased, or sum insured is pay- wherethe claim on the able after proof of policy is denied, the deathhas been either partly or given to or received wholly, the date bythe insurers. of such denial.------------------------------------------------------------------

597

---------------------------------------------------------------------Description of suit Period of Time from which period limitationbegins to run----------------------------------------------------------------------(b) On a policy of Three years. The date of the occur- insurancewhen the rence causing the sum insured is pay- loss, or where theable after proof of claim on the policy is the loss has beendenied, either given to or received partly or wholly, the by theinsurers. date of such denial.

45 By the assured to re- Three years. When the insurers electcover premia paid to avoid the policy. under a policy void- able atthe election of the insurers.

46 Under the Indian Suc- Three years. The date of the paymentcession Act, 1925, or distribution. (39 of 1925.) section 360 orsection 361, to compel a refund by a person to whom an executor oradminis- trator has paid a legacy or distributed assets.

47 For money paid upon an Three years. The date of the existingconsideration failure. which afterwards fails.

48 For contribution by a Three years. The date of the paymentparty who has paid the in excess of the whole or more than hisplaintiff's own share. share of the amount due under a jointdecree, or by a sharer in a joint estate who has paid the whole ormore than his share of the amount of revenue due from himself andhis co-sharers.

49 By a co-trustee to Three years. When the right to con-enforce against the tribution accrues. estate of a deceased trusteea claim for contribution.

50 By the manager of a Three years. The date of the joint estateof an un- payment. divided family for contribution, in res- pect ofa payment made by him on account of the estate.

51 For the profits of im- Three years. When the profits aremovable property be- received. longing to the plain- tiff whichhave been wrongfully received by the defendant.

52 For arrears of rent. Three years. When the arrears becomedue.----------------------------------------------------------------------

598----------------------------------------------------------------------Description of suit Period of limitation Time from which periodbegins to run----------------------------------------------------------------------

53 By a vendor of im- Three years. The time fixed for com-movable property for pleting the sale, or personal payment of(where the title is unpaid purchase money. accepted after the timefixed for comple- tion) the date of the acceptance.

54 For specific perfor- Three years. The date fixed for themance of a contract. performance, or, if no such date is fixed,when the plaintiff has noticed that perfor- mance is refused.

55 For compensation for Three years. When the contract is thebreach of any broken or (where there contract, express or aresuccessive breac- implied not herein hes)when the breach speciallyprovided in respect of which for. the suit is instituted occurs or(where the breach is continuing) when it ceases.

PART III.-SUITS RELATING TO DECLARATIONS

56 To declare the for- Three years. When the issue or gery of aninstrument registration becomes issued or registered. known to theplaintiff.

57 To obtain a decla- Three years. When the alleged adop- rationthat an tion becomes known to alleged adoption is the plaintiff.invalid, or never, in fact, took place.

58 To obtain any other Three years. When the right to usedeclaration. first accrues.

PART IV.-SUTES RELATING TO DECREES AND INSTRUMENTS

59 To cancel or set aside Three years. When the facts aninstrument or entitling the decree or for the plaintiff to have therescission of a instrument or decree contract. cancelled or setaside or the contract rescinded first become known to him.

60 To set aside a trans- fer of property made by the guardian ofa ward-

(a) by the ward who has Three years. When the ward attainsattained majority ; majority.----------------------------------------------------------------------

599----------------------------------------------------------------------Description of suit Period of limitation Time from which periodbegins to run

----------------------------------------------------------------------

(b) by the ward's re- presentative-

(i) when the ward Three years. When the ward attains dies withinthree majority. years from the date of attaining majority;

(ii) when the ward dies Three years. When the ward dies. beforeattaining majority.

PART V.-SUITS RELATING TO IMMOVABLE PROPERTY

61 By a mortgagor-

(a) to redeem or re- Thirty years. When the right to re- coverpossession deem or to recover of immovable possession accrues.property mort- gaged ;

(b) to recover pos- Twelve years. When the transfer session ofim- becomes known to the movable property plaintiff. mortgaged andafter wards transferred by the mortgagee for a valuableconsideration.

(c) to recover surplus Three years. When the mortgagor re-collections received enters on the by the mortgagee mortgagedproperty. after the mortgage has been satisfied.

62 To enforce payment of Twelve years. When the money sued formoney secured by a becomes due. mortgage or otherwise charged uponimmovable property.

63 By a mortgagee-

(a) for foreclosure ; Thirty years. When the money secured bythe mortgage becomes due.

(b) for possession of Twelve years. When the mortgagee be-immovable property comes entitled to mortgaged. possession.

64 For possession of im- Twelve years. The date of disposses-movable property based sion. on previous possession and not intitle, when the plaintiff while in possession of the pro- perty hasbeen dis- possessed.

65 For possession of im- Twelve years. When the possession ofmovable property or the defendant becomes any interest thereinadverse to the based on title. plaintiff.----------------------------------------------------------------------

600

---------------------------------------------------------------------Description of suit Period of limitation Time from which periodbegins to run---------------------------------------------------------------------

Explanation.-For the purposes of this article-

(a) where the suit is by a remainderman, a reversioner (otherthan a landlord) or a devisee, the possession of the defendantshall be deemed to become adverse only when the estate of theremainderman, rever- sioner or devisee, as the case may be, fallsinto possession ;

(b) where the suit is by a Hindu or Muslim entitled to thepossession of immovable property on the death of a Hindu or Muslimfemale, the possession of the defendant shall be deemed to becomeadverse only when the female dies ;

(c) where the suit is by a purchaser at a sale in execution of adecree when the judgment-debtor was out of possession at the dateof the sale, the purchaser shall be deemed to be a repre- sentativeof the judg- ment-debtor who was not of possession.

66 For possession of im- Twelve years. When the forfeituremovable property when is incurred or the the plaintiff hascondition is broken. become entitled to possession by reason of anyforfeiture or breach of condition.

67 By a landlord to re- Twelve years. When the tenancy is coverpossession from determined. a tenant.

PART VI.-SUITS RELATING TO MOVABLE PROPERTY

68 For specific movable Three years. When the person havingproperty lost, or the right to the acquired by theft, or possessionof the dishonest misappro- property first learns priation orconver- in whose possession it sion. is.

69 For other specific Three years. When the property is movableproperty. wrongfully taken.----------------------------------------------------------------------

601

--------------------------------------------------------------------Description of suit Period of limitation Time from which periodbegins to run--------------------------------------------------------------------

70 To recover movable Three years. The date of refusal propertydeposited after demand. or pawned from a depositary or pawnee.

71 To recover movable Three years. When the sale becomesproperty deposited or known to the pawned, and afterwardsplaintiff. bought from the de- positary or pawnee for a valuableconsideration.

PART VII.-SUITS RELATING TO TORT

72 For compensation for One year. When the act or doing or foromitting omission takes place. to do an act alleged to be inpursuance of any enactment in force for the time being in theterritories to which this Act extends.

73 For compensation for One year. When the imprisonment falseimprisonment. ends.

74 For compensation for One year. When the plaintiff is amalicious pro- acquitted or the pro- secution. secution isotherwise terminated.

75 For compensation for One year. When the libel is libel.published.

76 For compensation for One year. When the words are slander.spoken or, if the words are not action- able in themselves, whenthe special damage complained of results.

77 For compensation for One year. When the loss occurs. loss ofservice occ- asioned by the seduc- tion of the plaintiff's servantor daughter.

78 For compensation for One year. The date of the breach.inducing a person to break a contract with the plaintiff.

79 For compensation for One year. The date of the an illegal,irreglar distress. or excessive distress.

80 For compensation for One year. The date of the wrongfulseizure of seizure. movable property under legal process.

81 By executors, adminis- One year. The date of the deathtrators or representa- of the person wronged. tives under the LegalRepresentatives' Suits Act, 1855. (12 of 1855.)----------------------------------------------------------------------

602-------------------------------------------------------------------Description of suit Period of limitation Time from which periodbegins to run-------------------------------------------------------------------

82 By executors, adminis- Two years. The date of the deathtrators or representa- of the person killed. tives under the IndianFatal Accidents Act, 1855. (13 of 1855.)

83 Under the Legal Repre- Two years. When the wrong comp-sentatives' Suits Act, lained of is done. 1855 (12 of 1855.)against an executor, an administrator or any otherrepresentative.

84 Against one who, having Two years. When the perversion aright to use property first becomes known for specific purposes, tothe person injured perverts it to other thereby. purposes.

85 For compensation for Three years. The date of the obs-obstructing a way or a truction. water-course.

86 For compensation for Three years. The date of the diver-diverting a watercourse. sion.

87 For compensation for Three years. The date of the tres-trespass upon immovable pass. property.

88 For compensation for Three years. The date of the infrin-infringing copyright gement. or any other exclusive privilege.

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

90 For compensation for Three years. When the injunction injurycaused by an ceases. injunction wrongfully obtained.

91 For compensation,-

(a) for wrongfully Three years. When the person having taking ordetain- the right to the pos- ing any specific session of theprope- movable property rty first learns in lost, or acquired whosepossession it by theft, or dis- it is. honest mis-appro- priationor con- version ;

(b) for wrongfully Three years. When the property is taking orinjuring wrongfully taken or or wrongfully detain- injured, or whenthe ing any other detainer's possession specific movable becomesunlawful. property.

PART VIII.-SUITS RELATING TO TRUSTS AND TRUST PROPERTY

92 To recover possession Twelve years. When the transfer ofimmovable property becomes known to the conveyed or bequeathedplaintiff. in trust and afterwards transferred by the trustee for avaluable consideration.----------------------------------------------------------------------

603----------------------------------------------------------------------Description of suit Period of limitation Time from which periodbegins to run----------------------------------------------------------------------

93 To recover possession Three years. When the transfer ofmovable property become known to the conveyed or bequeathedplaintiff. in trust and after wards transferred by the trustee fora valuable considera- tion.

94 To set aside a trans- Twelve years. When the transfer fer ofimmovable becomes known to property comprised the plaintiff. in aHindu, Muslim or Buddhist religi- ous or charitable endowment, madeby a manager thereof for a valuable considera- tion.

95 To set aside a transfer Three years. When the transfer ofmovable property becomes known to comprised in a Hindu theplaintiff. Muslim or Buddhist religious or charit- able endowment,made by a manager thereof for a valuable consi- deration.

96 By the manager of a Twelve years. The date of death, Hindu,Muslim or resignation or rem- Budhist religious or oval of thetransf- charitable endowment eror or the date of to recoverpossession appointment of the of movable or immova- plaintiff asmana- ble property comprised ger of the endowment in the endowmentwhich whichever is later. has been transferred by a previousmanager for a valuable consid- eration.

PART IX.-SUITS RELATING TO MISCELLANCEOUS MATTERS

97 To enforce a right or One year. When the purchaserpre-emption whether the takes under the right is founded on salesought to be law or general usage impeached, physical or on specialcontract. possession of the whole or part of the property sold, or,where the subject- matter of the sale does not admit of physicalpossession of the whole or part of the property, when theinstrument of sale is regist- ered.

98 By a person against One year. The date of the whom 1*[anorder re- final order. ferred to in rule 63 or in rule 103] ofOrder XXI of the Code of Civil Procedure, 1908 (5 of 1908) or anorder under section 28 of the Presidency Small Cause Courts Act,1882 (15 of 1882), has been made, to establish the right which hecla- ims to the property co- mprised in the order.---------------------------------------------------------------------1 Subs. by Act 52 of 1964, s. 3 and Sch. II, for "an order underrule 63 or rule 103".

604

---------------------------------------------------------------------Description of suit Period of limitation Time from which periodbegins to run---------------------------------------------------------------------

99 To set aside a sale by One year. When the sale is a civil orrevenue court confirmed or would or a sale for arrears of otherwisehave be- Government revenue of come final and conc- for any demandrecove- lusive had no such rable as such arrears. suit beenbrought.

100 To alter or set aside One year. The date of the any decisionor other final decision or of a civil court in any oder by thecourt or proceeding other than a the date of the act suit or anyact or or order of the offecer, order of an officer of as the casemay be. Government in his official capacity.

101 Upon a judgment inclu- Three years. The date of the ding aforeign judgment, judgment or reco- or a recognisance.gnisance.

102 For property which the Three years. When the plaintiffplaintiff has conveyed is restored to san- while insane. ity andhas knowledge of the conveyance.

103 To make good out of Three years. The date of the the generalestate of trustee's death or a deceased trustee the if the loss hasnot loss occasioned by a then resulted, the breach of trust. dateof the loss.

104 To establish a perio- Three years. When the plaintiffdically recurring right. is first refused the enjoyment of theright.

105 By a Hindu for arrears Three years. When the arrears are ofmaintenance. payable.

106 For a legacy of for a Twelve years. When the legacy or shareof a residue be- share becomes paya- queathed by a testator ble ordeliverable. or for a distributive share of the property of anintestate against an executor or an admi- nistrator or some otherperson legally charged with the duty of distr- ibuting theestate.

107 For possession of a Twelve years. When the defendanthereditary office. takes possession of the officer adverse- ly tothe plaintiff.

Explanation.-A heredi- tary office is possessed when theproperties the- reof are usually received, or (if there are no pro-perties) when the duties thereof are usually per- formed.----------------------------------------------------------------------

605

--------------------------------------------------------------------Description of suit Period of limitation Time from which periodbegins to run--------------------------------------------------------------------

108 Suit during the life of Twelve years. The date of the aHindu or Muslim female alienation. by a Hindu or Muslim who, if thefemale died at the date of institu- ting the suit, would beentitled to the posses- sion of land, to have an alienation of suchland make by the female dec- lared to be void except for her lifeor until her re-marriage.

109 By a Hindu governed by Twelve years. When the alieneeMitakshara law to set takes possession aside his father's ali- ofthe property. enation of ancestral property.

110 By a person excluded Twelve years. When the exclusion from ajoint family becomes known to the property to enforce a plaintiff.right to share therein.

111 By or on behalf of any Thirty years. The date of the localauthority for dispossession or possession of any pub-discontinuance. lic street or road or any part thereof from whichit has been dis- possessed or of which it has discontinued thepossession.

112 Any suit (except a suit Thirty years. When the period ofbefore the Supreme Court limitation would in the exercise of itsbegin to run under original jurisdiction) this Act against a by oron behalf of the like suit by a pri- Central Government or vateperson. any State Government, including the Government of the Stateof Jammu and Kashmir.

PART X.-SUITS FOR WHICH THERE IS NO PRESCRIBED PERIOD

113 Any suit for which no Three years. When the right to periodof limitation sue accrues. is provided elsewhere in this Schedule.----------------------------------------------------------------------SECOND DIVISION-APPEALS----------------------------------------------------------------------Description of appeal Period of limitation Time from which periodbegins to run

----------------------------------------------------------------------

114 Appeal from an order of acquittal,-

(a) under sub-section Ninety days. The date of order (1) orsub-section appealed from. (2) of section 417 of the Code of Cri-minal Procedure, 1898 (5 of 1898.);----------------------------------------------------------------------

606

---------------------------------------------------------------------Description of appeal Period of Time from which period limitationbegins to run

---------------------------------------------------------------------(b) under sub-section Thirty days. The date of the (3) of section417 grant of special of that Code. leave.

115 Under the Code of Crim- inal Procedure, 1898 (5 of1898)-

(a) from a sentence of Thirty days. The date of the death passedby a sentence. court of session or by a High Court in the exerciseof its original criminal jurisdiction;

(b) from any other sen- tence or any order not being an order ofacquittal-

(i) to the High Court, Sixty days. The date of the sentence ororder.

(ii) to any other court. Thirty days. The date of the sentenceor order.

116 Under the Code of Civil Procedure, 1908 (5 of 1908),-

(a) to a High Court from Ninety days. The date of the any decreeor order; decree or order.

(b) to any other Court Thirty days. The date of the from anydecree or decree or order. order.

117 From a decree or order Thirty days. The date of the of anyHigh Court to decree or order. the same Court.----------------------------------------------------------------------THIRD DIVISION-APPLICATIONS----------------------------------------------------------------------Description of application Period of limitation Time from whichperiod begins to run

----------------------------------------------------------------------

PART I.-APPLICATIONS IN SPECIFIED CASES

118 For leave to appear Ten days. When the summons and defend asuit is served. under summary proc- edure.

119 Under the Arbitration Act, 1940, (10 of 1940.),-

(a) for the filing in Thirty days. The date of service court ofan award; of the notice of the making of the award.

(b) for setting aside Thirty days. The date of service an awardor getting of the notice of the an award remitted filing of theaward. for reconsideration.----------------------------------------------------------------------

607

---------------------------------------------------------------------Description of application Period of Time from which periodlimitation begins to run

---------------------------------------------------------------------

120 Under the Code of Civil Ninety days. The date of deathProcedure, 1908 (5 of of the plaintiff, 1908.), to have theappellant, defendant legal representative or respondent as the of adeceased plaintiff case may be. or appellant or of a deceaseddefendant or respondent, made a party.

121 Under the same Code for Sixty days. The date of abate- anorder to set aside an ment. abatement.

122 To restore a suit or Thirty days. The date of dismi- appealor application ssal. for review or revision dismissed for defaultof appearance or for want of prosecution or for failure to paycosts of service of process or to furnish security for costs.

123 To set aside a decree Thirty days. The date of the passed exparte or to decree or where the rehear an appeal dec- summons ornotice reed or heard ex parte. was not duly served, when theapplicant had knowledge of the decree.

Explanation.- For the purpose of this art- icle, substitutedser- vice under rule 20 of Order V of the Code of Civil Procedure,1908 (5 of 1908) shall not be deemed to be due service.

124 For a review of judgment Thirty days. The date of the by acourt other than decree or order. the Supreme Court.

125 To record an adjustment Thirty days. When the payment orsatisfaction of a or adjustment is decree. made.

126 For the payment of the Thirty days. The date of the amountof a decree by decree. instalments.

127 To set aside a sale in 1*[Sixty days.] The date of the.execution of a decree, sale. including any such ap- plication by ajudgme- NT-debtor.

128 For possession by one Thirty days. The date of thedispossessed of immo- dispossession. vable property and disputingthe right of the decreeholder or purchaser at a sale in executionof a decree.----------------------------------------------------------------------1 Subs. by Act 104 of 1976, s. 98, for "Thirty days" (w.e.f. 1-2-1977).

608

---------------------------------------------------------------------Description of application Period of Time from which periodlimitation begins to run

--------------------------------------------------------------------

129 For possession after Thirty days. The date of resis-removing resistance or tance of obstruc- obstruction to deliverytion. of possession of immov- able property decreed or sold inexecution of a decree.

130 For leave to appeal as a pauper-

(a) to the High Court; Sixty days. The date of decree appealedfrom.

(b) to any other court. Thirty days. The date of decree appealedfrom.

131 To any court for the Ninety days. The date of the exerciseof its powers decree or order or of revision under the sentencesought to Code of Civil Proced- be revised. ure, 1908 (5 of 1908.)or the Code of Criminal Procedure, 1898 (5 of 1898.).

132 To the High Court for Sixty days. The date of the acertificate of fit- decree, order or ness to appeal to thesentence. Supreme Court under clause (1) of article 132, article133 or sub-clause (c) of clause (1) of article 134 of theConstitution or under any other law for the time being inforce.

133 To the Supreme Court for special leave to appeal,-

(a) in a case involving Sixty days. The date of the deathsentence; judgment, final order or sentence.

(b) in a case where Sixty days. The date of the leave to appealwas order of refusal. refused by the High Court;

(c) in any other case. Ninety days. The date of the judgment ororder.

134 For delivery of posse- One year. When the sale bec- ssion bya purchaser of omes absolute. immovable property at a sale inexecution of a decree.

135 For the enforcement of Three years. The date of the a decreegranting a decree or where a mandatory injunction. date is fixedfor performance, such date.----------------------------------------------------------------------

609

--------------------------------------------------------------------Description of application Period of Time from which periodlimitation begins to run

-------------------------------------------------------------------

136 For the execution of Twelve years. 1*[When] the decree anydecree (other than or order becomes a decre granting a ma-enforceable or where ndatory injunction) or the decree or any orderof any civil court. subsequent order directs any payment of moneyor the de- livery of any pro- perty to be made at a certain date orat recurring per- iods, when default in making the pay- ment ordelivery in respect of which execution is sought, takes place:

Provided that an app- lication for the enforcement or exe-cution of a decree granting a perpetual injunction shall not besubject to any period of limita- tion.

PART II.-OTHER APPLICATIONS

137 Any other application Three years. When the right to forwhich no period of apply accrues. limitation is provided elsewherein this Divi- sion.----------------------------------------------------------------------1 Subs. by Act 52 of 1964, s. 3 and Sch. II, for "Where".

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