1411988864 Periods of Limitation

The close of the year in which the

last item admitted or proved is

entered in the account; such year to

be computed as in the account.

When the account is, during the

continuance of the agency,

demanded and refused or, where no

such demand is made, when the

agency terminates.

When the account is, during the

continuance of the agency,

demanded and refused or, where no

such demand is made, when the

agency terminates.

When the neglect or misconduct

becomes known to the plaintiff.

The date of the dissolution.

The end of the voyage during which

the wages are earned.

When the wages accrue due.

When the food or drink is delivered.

When the price becomes payable.

When the loss or injury occurs.

Three years

Three years

Three years

Three years

Three years

Three years

Three years

Three years

Three years

Three years

1. For the balance due on a

mutual, open and current

account, where there have

been reciprocal demands

between the parties.

2. Against a factor for an

account.

3. By a principal against his

agent for movable property

received by the latter and not

accounted for.

4. Other suits by principals

against agents for neglect or

misconduct.

5. For an account and a share

of the profits of a dissolved

partnership.

6. For a Seaman’s wages.

7. For wages in the case of any

other person.

8. For the price of food or drink

sold by the keeper of a hotel,

tavern or lodging house.

9. For the price of lodging.

10. Against a carrier for

compensation for losing or

injuring goods.

THE SCHEDULE

PERIODS OF LIMITATION

[See sections 2(l) and 3]

FIRST DIVISION—SUITS

PART I—SUITS RELATING TO ACCOUNTS

PART II—SUITS RELATING TO CONTRACTS

Period oflimitation

Time from which periodbegins to run

Description of suit

THE LIMITATION ACT, 1963

11. Against a carrier forcompensation for non-deliveryof, or delay in delivering goods.

12. For the hire of animals, vehicles,boats or house-hold furniture.

13. For the balance of moneyadvanced in payment of goodsto be delivered.

14. For the price of goods sold anddelivered where no fixed periodof credit is agreed upon.

15. For the price of goods sold anddelivered to be paid for after theexpiry of a fixed period ofcredit.

16. For the price of goods sold anddelivered to be paid for by abill of exchange, no such billbeing given.

17. For the price of trees or growingcrops sold by the plaintiff tothe defendant where nofixed period of credit is agreedupon.

18. For the price of work done bythe plaintiff for the defendantat his request, where no timehas been fixed for payment.

19. For money payable for moneylent.

20. Like suit when the lender hasgiven a cheque for the money.

21. For money lent under anagreement that it shall bepayable on demand.

22. For money deposited underan agreement that it shall be

Three years

Three years

Three years

Three years

Three years

Three years

Three years.

Three years

Three years

Three years

Three years

Three years

When the goods ought to bedelivered.

When the hire becomes payable.

When the goods ought to bedelivered.

The date of the delivery of thegoods.

When the period of credit expires.

When the period of the proposedbill elapses.

The date of the sale.

When the work is done.

When the loan is made.

When the cheque is paid.

When the loan is made.

When the demand is made.

Description of suit Period of Time from which periodlimitation begins to run

payable on demand, includingmoney of a customer in thehands of his banker sopayable.

23. For money payable to theplaintiff for money paid forthe defendant.

24. For money payable by thedefendant to the plaintiff formoney received by thedefendant, for the plaintiff’suse.

25. For money payable forinterest upon money duefrom the defendant to theplaintiff.

26. For money payable to theplaintiff for money found tobe due from the defendant tothe plaintiff on accountsstated between them.

27. For compensation for breachof a promise to do anythingat a specified time, or uponthe happening of a specifiedcontingency.

28. On a single bond, where a dayis specified for payment.

29. On a single bond, whereno such day is specified.

30. On a bond subject to acondition.

31. On a bill of exchange orpromissory note payable at afixed time after date.

Three years

Three years

Three years

Three years

Three years

Three years

Three years

Three years

Three years

When the money is paid.

When the money is received.

When the interest becomes due.

When the accounts are stated inwriting signed by the defendant orhis agent duly authorised in thisbehalf, unless where the debt is, by asimultaneous agreement in writingsigned as aforesaid, made payable ata future time, and then when thattime arrives.

When the time specified arrives orthe contingency happens.

The day so specified.

The date of executing the bond.

When the condition is broken.

When the bill or note falls due.


32. On a bill of exchange payableat sight, or after sight, but notat a fixed time.

33. On a bill of exchange acceptedpayable at a particular place.

34. On a bill of exchange orpromissory note payable at afixed time, after sight or afterdemand.

35. On a bill of exchange orpromissory note payable ondemand and not accompaniedby any writing restraining orpostponing the right to sue.

36. On a promissory note orbond payable by instalments.

37. On a promissory note orbond payable by instalments,which provides that, if defaultbe made in payment of one ormore instalments, the wholeshall be due.

38. On a promissory note given bythe maker to a third person tobe delivered to the payee aftera certain event should happen.

39. On a dishonoured foreign billwhere protest has been madeand notice given.

40. By the payee against thedrawer of a bill of exchange,which has been dishonouredby non-acceptance.

Three years

Three years

Three years

Three years

Three years

Three years

Three years

Three years

Three years

When the bill ispresented.

When the bill is presentedat that place.

When the fixed timeexpires.

The date of the bill ornote.

The expiration of the firstterm of payment as to thepart then payable; and forthe other parts, theexpiration of therespective terms ofpayment.

When the default ismade, unless where thepayee or obligee waivesthe benefit of theprovision and then whenfresh default is made inrespect of which there isno such waiver.

The date of the deliveryto the payee.

When the notice is given.

The date of the refusal toaccept.

Period oflimitation


Description of suit

41. By the acceptor of anaccommodation bill against thedrawer.

42. By a surety against theprincipal debtor.

43. By a surety against a co-surety.

44. (a) On a policy of insurancewhen the sum insured ispayable after proof of the deathhas been given to or receivedby the insurers.(b) On a policy of insurancewhen the sum insured ispayable after proof of the losshas been given to or receivedby the insurers.

45. By the assured to recoverpremia paid under a policyvoidable at the election of theinsurers.

46. Under the Indian SuccessionAct, 1925 (39 of 1925), section360 or section 361, to compel arefund by a person to whoman executor or administratorhas paid a legacy or distributedassets.

47. For money paid upon anexisting consideration whichafterwards fails.

48. For contribution by a partywho has paid the whole ormore than his share of theamount due under a jointdecree, or by a sharer in a jointestate who has paid the wholeor more than his share of theamount of revenue due fromhimself and his co-sharers.

Three years

Three years

Three years

Three years

Three years

Three years

Three years

Three years

Three years

When the acceptor pays the amountof the bill.

When the surety pays the creditor.

When the surety pays anything inexcess of his own share.

The date of the death of thedeceased, or where the claim on thepolicy is denied, either partly orwholly, the date of such denial.

The date of the occurrence causingthe loss, or where the claim on thepolicy is denied, either partly orwholly, the date of such denial.

When the insurers elect to avoid thepolicy.

The date of the payment ordistribution.

The date of the failure.

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


49. By a co-trustee to enforceagainst the estate of a deceasedtrustee a claim for contribution.

50. By the manager of a joint estateof an undivided family forcontribution, in respect of apayment made by him onaccount of the estate.

51. For the profits of immovableproperty belonging to theplaintiff which have beenwrongfully received by thedefendant.

52. For arrears of rent.

53. By a vendor of immovableproperty for personal paymentof unpaid purchase-money.

54. For specific performance of acontract.

55. For compensation for thebreach of any contract, expressor implied not herein speciallyprovided for.

56. To declare the forgery of aninstrument issued orregistered.

57. To obtain a declaration that analleged adoption is invalid, ornever, in fact, took place.

58. To obtain any otherdeclaration.

Three years

Three years

Three years

Three years

Three years

Three years

Three years

Three years

Three years

Three years

When the right to contributionaccrues.

The date of the payment.

When the profits are received.

Where the arrears become due.

The time fixed for completing thesale, or (where the title is acceptedafter the time fixed for completion)the date of the acceptance.

The date fixed for the performance,or, if no such date is fixed, whenthe plaintiff has notice thatperformance is refused.

When the contract is broken or(where there are successivebreaches) when the breach in respectof which the suit is instituted occursor (where the breach is continuing)when it ceases.

When the issue or registrationbecomes known to the plaintiff.

When the alleged adoption becomesknown to the plaintiff.

When the right to sue first accrues.

PART III—SUITS RELATING TO DECLARATIONS


59. To cancel or set aside aninstrument or decree or for therescission of a contract.

60. To set aside a transfer ofproperty made by theguardian of a ward—

(a) by the ward who hasattained majority.

(b) by the ward’s legalrepresentative—(i) When the ward dies

within three yearsfrom the date ofattaining majority.

(ii) When the ward diesbefore attainingmajority.

61. By a mortgagor—(a) to redeem or recover

possession of immovableproperty mortgaged.

(b) to recover possession ofimmovable propertymortgaged andafterwards transferred bythe mortgagee for avaluable consideration.

(c) to recover surpluscollections received by themortgagee after themortgage has beensatisfied.

62. To enforce payment of moneysecured by a mortgage orotherwise charged uponimmovable property.

63. By a mortgagee—(a) for foreclosure.

(b) for possession ofimmovable propertymortgaged.

Three years

Three years

Three years

Three years

Thirty years

Twelve years

Three years

Twelve years

Thirty years

Twelve years

When the facts entitling the plaintiffto have the instrument or decreecancelled or set aside or the contractrescinded first become known tohim.

When the ward attains majority.

When the ward attains majority.

When the ward dies.

When the right to redeem or torecover possession accrues.

When the transfer becomes knownto the plaintiff.

When the mortgagor re-enters onthe mortgaged property.

When the money sued for becomesdue.

When the money secured by themortgage becomes due.When the mortgagee becomesentitled to possession.

PART V—SUITS RELATING TO IMMOVABLE PROPERTY


PART IV—SUITS RELATING TO DECREES AND INSTRUMENTS

64. For possession of immovableproperty based on previouspossession and not on title,when the plaintiff while inpossession of the property hasbeen dispossessed.

65. For possession of immovableproperty or any interesttherein based on title.

Explanation.—For the purposesof this article—(a) where the suit is by a

remainderman, areversioner (other than alandlord) or a devisee,the possession of thedefendant shall be deemedto become adverse onlywhen the estate ofthe remainderman,reversioner or devisee, asthe case may be, falls intopossession;

(b) where the suit is by aHindu or Muslim entitledto the possession ofimmovable property onthe death of a Hindu orMuslim female, thepossession of thedefendant shall be deemedto become adverse onlywhen the female dies;

(c) where the suit is by apurchaser at a sale inexecution of a decreewhen the judgment-debtorwas out of possession atthe date of the sale, thepurchaser shall be deemedto be a representative ofthe judgment-debtor whowas out of possession.

The date of dispossession.

When the possession of thedefendant becomes adverse to theplaintiff.

Twelve years

Twelve years


66. For possession of immovableproperty when the plaintiff hasbecome entitled to possessionby reason of any forfeiture orbreach of condition.

67. By a landlord to recoverpossession from a tenant.

68. For specific movable propertylost, or acquired by theft, ordishonest misappropriation orconversion.

69. For other specific movableproperty.

70. To recover movable propertydeposited or pawned from adepository or pawnee.

71. To recover movable propertydeposited or pawned andafterwards bought from thedepository or pawnee for avaluable consideration.

72. For compensation for doingor for omitting to do an actalleged to be in pursuance ofany enactment in force for thetime being in the territories towhich this Act extends.

Twelve years

Twelve years

Three years

Three years

Three years

Three years

One year

When the forfeiture is incurred orthe condition is broken.

When the tenancy is determined.

When the person having the rightto the possession of the property firstlearns in whose possession it is.

When the property is wrongfullytaken.

The date of refusal after demand.

When the sale becomes known tothe plaintiff.

When the act or omission takesplace.

PART VI—SUITS RELATING TO MOVABLE PROPERTY

PART VII—SUITS RELATING TO TORT


STATE AMENDMENTS

Bihar:

In Article 65, in the second column, following words shall be added at the end, namely:—

“but 30 years in respect of immovable property belonging to a member of theSchedule Tribes as specified in Part III to the Schedule to the Constitution(Scheduled Tribes) Order, 1950”.

[Vide Bihar Regulation 1 of 1969, sec. 3 and Sch. (w.e.f. 8-2-1969)].

Orissa:

In Article 65, second column, following words shall be added at the end, namely:—

“but thirty years in relation to immovable property belonging to a member ofa Scheduled Tribe specified in respect of the State of Orissa in the Constitution(Scheduled Tribes) Order, 1950”.

[Vide Orissa Regulation 1 of 1975, sec. 5 (w.e.f. 12-12-1975)].

73. For compensation for falseimprisonment.

74. For compensation for amalicious prosecution.

75. For compensation for libel.

76. For compensation for slander.

77. For compensation for loss ofservice occasioned by theseduction of the plaintiff’sservant or daughter.

78. For compensation forinducing a person to break acontract with the plaintiff.

79. For compensation for anillegal, irregular or excessivedistress.

80. For compensation forwrongful seizure of movableproperty under legal process.

81. By executors, administratorsor representatives under theLegal Representatives’ SuitsAct, 1855 (12 of 1855).

82. By executors, administratorsor representatives under theIndian Fatal Accidents Act,1855 (13 of 1855).

83. Under the LegalRepresentatives’ Suits Act,1855 (12 of 1855) against anexecutor, an administrator orany other representative.

When the imprisonment ends.

When the plaintiff is acquitted orthe prosecution is otherwiseterminated.

When the libel is published.

When the words are spoken or, ifthe words are not actionable inthemselves, when the specialdamage complained of results.

When the loss occurs.

The date of the breach.

The date of the distress.

The date of the seizure.

The date of the death of the personwronged.

The date of the death of the personkilled.

When the wrong complained of isdone.

One year

One year

One year

One year

One year

One year

One year

One year

One year

Two years

Two years


84. Against one who, having aright to use property forspecific purposes, perverts it toother purposes.

85. For compensation forobstructing a way or a watercourse.

86. For compensation for divertinga watercourse.

87. For compensation for trespassupon immovable property.

88. For compensation forinfringing copyright or anyother exclusive privilege.

89. To restrain waste.

90. For compensation for injurycaused by an injunctionwrongfully obtained.

91. For compensation,—(a) for wrongfully taking or

detaining any specific movableproperty lost, or acquiredby theft, or dishonestmisappropriation, orconversion.

(b) for wrongfully taking orinjuring or wrongfullydetaining any other specificmovable property.

92. To recover possession ofimmovable property conveyedor bequeathed in trust andafterwards transferred by thetrustee for a valuableconsideration.

93. To recover possession ofmovable property conveyed orbequeathed in trust and

Two years

Three years

Three years

Three years

Three years

Three years

Three years

Three years

Three years

Twelve years

Three years

When the perversion first becomesknown to the person injuredthereby.

The date of the obstruction.

The date of the diversion.

The date of the trespass.

The date of the infringement.

When the waste begins.

When the injunction ceases.

When the person having the rightto the possession of the propertyfirst learns in whose possession itis.

When the property is wrongfullytaken or injured, or when thedetainer’s possession becomesunlawful.



PART VIII—SUITS RELATING TO TRUSTS AND TRUST PROPERTY


afterwards transferred by thetrustee for a valuableconsideration.

94. To set aside a transfer ofimmovable propertycomprised in a Hindu, Muslimor Buddhist religious orcharitable endowment, madeby a manager thereof, for avaluable consideration.

95. To set aside a transfer ofmovable property comprised ina Hindu, Muslim or Buddhistreligious or charitableendowment, made by amanager thereof, for a valuableconsideration.

96. By the manager of a Hindu,Muslim or Buddhist religiousor charitable endowment torecover possession of movableor immovable propertycomprised in the endowmentwhich has been transferred bya previous manager for avaluable consideration.

97. To enforce a right ofpre-emption whether the rightis founded on law or generalusage or on special contract.

98. By a person against whom 1[anorder referred to in the rule63 or in rule 103] of Order XXIof the Code of Civil Procedure,1908 (5 of 1908) or an orderunder section 28 of the

Twelve years

Three years

Twelve years

One year.

One year



The date of death, resignation orremoval of the transferor or thedate of appointment of the plaintiffas manager of the endowment,whichever is later.

When the purchaser takes underthe sale sought to be impeached,physical possession of the wholeor part of the property sold, or,where the subject-matter of the saledoes not admit of physicalpossession of the whole or part ofthe property, when the instrumentof sale is registered.

The date of the final order.

1. Subs. by Act 52 of 1964, sec. 3 and Second Sch., for “an order under rule 63 or rule 103”.

PART IX—SUITS RELATING TO MISCELLANEOUS MATTERS


Presidency Small CauseCourts Act, 1882 (15 of 1882)has been made, to establishthe right which he claims tothe property comprised in theorder.

99. To set aside a sale by a civilor revenue court or a sale forarrears of Governmentrevenue or for any demandrecoverable as such arrears.

100. To alter or set aside anydecision or order of a civilcourt in any proceeding otherthan a suit or any act or orderof an officer of Government inhis official capacity.

101. Upon a judgment including aforeign judgment, or arecognisance.

102. For property which theplaintiff has conveyed whileinsane.

103. To make good out of thegeneral estate of a deceasedtrustee the loss occasioned bya breach of trust.

104. To establish a periodicallyrecurring right.

105. By a Hindu for arrears ofmaintenance.

106. For a legacy or for a share ofa residue bequeathed by atestator or for a distributiveshare of the property of anintestate against an executoror an administrator or someother person legally chargedwith the duty of distributingthe estate.

When the sale is confirmed orwould otherwise have become finaland conclusive had no such suitbeen brought.

The date of the final decision ororder by the court or the date ofthe act or order of the officer, asthe case may be.

The date of the judgment orrecognisance.

When the plaintiff is restored tosanity and has knowledge of theconveyance.

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

When the plaintiff is first refusedthe enjoyment of the right.

When the arrears are payable.

When the legacy or share becomespayable or deliverable.

One year

One year

Three years

Three years

Three years

Three years

Three years

Twelve years


107. For possession of a hereditaryoffice.Explanation.—A hereditaryoffice is possessed when theproperties thereof are usuallyreceived, or (if there are noproperties) when the dutiesthereof are usually performed.

108. Suit during the life of a Hinduor Muslim female by a Hinduor Muslim, who if the femaledied at the date of institutingthe suit, would be entitled tothe possession of land, to havean alienation of such landmade by the female declaredto be void except for her lifeor until her re-marriage.

109. By a Hindu governed byMitakshara law to set aside hisfather’s alienation of ancestralproperty.

110. By a person excluded from ajoint family property to enforcea right to share therein.

111. By or on behalf of any localauthority for possession of anypublic street or road or anypart thereof from which it hasbeen dispossessed or of whichit has discontinued thepossession.

112. Any suit (except a suit beforethe Supreme Court in theexercise of its originaljurisdiction) by or on behalf ofthe Central Government or anyState Government, includingthe Government of the State ofJammu and Kashmir.

Twelve years

Twelve years

Twelve years

Twelve years

Thirty years

Thirty years

When the defendant takespossession of the office adverselyto the plaintiff.

The date of the alienation.

When the alienee takes possessionof the property.

When the exclusion becomesknown to the plaintiff.

The date of the dispossession ordiscontinuance.

When the period of limitationwould begin to run under this Actagainst a like suit by a privateperson.


113. Any suit for which no periodof limitation is providedelsewhere in this Schedule.

114. Appeal from an order ofacquittal—

(a) under sub-section (1)or sub-section (2) ofsection 417 of the Code ofCriminal Procedure, 1898(5 of 1898).

(b) under sub-section (3) ofsection 417 of the Code.

115. Under the Code of CriminalProcedure, 1898 (5 of 1898)

(a) from a sentence of deathpassed by a court ofsession or by a HighCourt in the exercise ofits original criminaljurisdiction.

(b) from any other sentenceor any order not being anorder of acquittal—(i) to the High Court.

(ii) to any other court.

116. Under the Code of CivilProcedure, 1908 (5 of 1908),—

(a) to a High Court from anydecree or order.

(b) to any other court fromany decree or order.

Three years

Ninety days

Thirty days

Thirty days

Sixty daysThirty days

Ninety days

Thirty days

When the right to sue accrues.

The date of the order appealedfrom.

The date of the grant of specialleave.

The date of the sentence.

The date of the sentence or order.The date of the sentence or order.

The date of the decree or order.



SECOND DIVISION—APPEALS

Description of appeal Period of Time from which periodlimitation begins to run

STATE AMENDMENT

West Bengal:

In the entry in the first column against Article 112, after the words “Jammu and Kashmir”the following words shall be and shall be deemed always to have been added, namely:—

“of a Government company owned wholly either by the Central Government orby the State Government or jointly by the Central and the State Government”.

[Vide West Bengal Act 18 of 1977, sec. 3 (w.e.f. 4-8-1977)].

PART X—SUITS FOR WHICH THERE IS NO PRESCRIBED PERIOD

117. From a decree or order of anyHigh Court to the same Court.

118. For leave to appear anddefend a suit under summaryprocedure.

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

(a) for the filing in court ofan award.

(b) for setting aside an awardor getting an awardremitted forreconsideration.

120. Under the Code of CivilProcedure, 1908 (5 of 1908) tohave the legal representativeof a deceased plaintiff orappellant, or of a deceaseddefendant or respondent,made a party.

121. Under the same Code for anorder to set aside anabatement.

122. To restore a suit or appealor application for review orrevision dismissed for defaultof appearance or for want ofprosecution or for failure topay costs of service of processor to furnish security for costs.

123. To set aside a decree passedex parte or to re-hear an appealdecreed or heard ex parte.

Thirty days

Ten days

Thirty days

Thirty days

Ninety days

Sixty days

Thirty days

Thirty days


When the summons is served.

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

The date of death of the plaintiff,appellant, defendant or respondentas the case may be.

The date of abatement.

The date of dismissal.

The date of the decree or where thesummons or notice was not dulyserved, when the applicant hadknowledge of the decree.

Description of appeal Period of Time from which periodlimitation begins to run

THIRD DIVISION—APPLICATIONS

Period oflimitation


Description of application

PART I—APPLICATIONS IN SPECIFIED CASES

Explanation.—For the purposeof this article, substitutedservice under Rule 20 of OrderV of the Code of CivilProcedure, 1908 (5 of 1908)shall not be deemed to be dueservice.

124. For a review of judgment by acourt other than the SupremeCourt.

125. To record an adjustment orsatisfaction of a decree.

126. For the payment of theamount of a decree byinstalments.

127. To set aside a sale in executionof a decree, including any suchapplication by a judgment-debtor.

128. For possession by onedispossessed of immovableproperty and disputing theright of the decree-holder orpurchaser at a sale inexecution of a decree.

129. For possession after removingresistance or obstruction todelivery of possession ofimmovable property decreedor sold in execution of adecree.

130. For leave to appeal as apauper—(a) to the High Court;

(b) to any other court.

131. To any court for the exerciseof its powers of revision underthe Code of Civil Procedure,1908 (5 of 1908), or the Codeof Criminal Procedure, 1898(5 of 1898).

Thirty days

Thirty days

Thirty days

1[Sixty] days

Thirty days

Thirty days

Sixty days

Thirty days

Ninety days

Sixty days


When the payment or adjustment ismade.

The date of the decree.

The date of the sale.

The date of the dispossession.

The date of resistance or obstruction.

The date of decree appealed from.

The date of decree appealed from.

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

The date of the decree, order orsentence.

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

1. Subs. by Act 104 of 1976, sec. 98, for “Thirty” (w.e.f. 1-2-1977).

132. To the High Court for acertificate of fitness to appealto the Supreme Court underclause (1) of article 132, article133 or sub-clause (c) of clause(1) of article 134 of theConstitution or under anyother law for the time beingin force.

133. To the Supreme Court forspecial leave to appeal,—

(a) in a case involving deathsentence.

(b) in a case where leave toappeal was refused by theHigh Court.

(c) in any other case.

134. For delivery of possession bya purchaser of immovableproperty at a sale in executionof a decree.

135. For the enforcement of adecree granting a mandatoryinjunction.

136. For the execution of anydecree (other than a decreegranting a mandatoryinjunction) or order of anycivil court.

137. Any other application forwhich no period of limitationis provided elsewhere in thisdivision.

Sixty days

Sixty days

Ninety days

One year

Three years.

Twelve years

Three years

The date of the judgment, final orderor sentence.The date of the order of refusal.

The date of the judgment or order.

When the sale becomes absolute.

The date of the decree or where adate is fixed for performance, suchdate.

1[When] the decree or order becomesenforceable or where the decree orany subsequent order directs anypayment of money or the deliveryof any property to be made at acertain date or at recurring periods,when default in making thepayment or delivery in respect ofwhich execution is sought, takesplace: Provided that an application forthe enforcement or execution of adecree granting a perpetualinjunction shall not be subject to anyperiod of limitation.

When the right to apply accrues.

1. Subs. by Act 52 of 1964, sec. 3 and Second Sch., for “Where”.

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

PART II—OTHER APPLICATIONS

COMMENTS

ARTICLE 30

Bond - Subject to conditionThe starting point of limitation would be the date of the loss or injury to the goods,

though after the goods were consigned by the consignor he would not be in a positionto know the precise date on which the loss or injury has occurred and that the burdenwould be on the railway administration who want to non-suit the plaintiff on the groundof limitation to establish that the loss or injury occurred more than one year before theinstitution of the suit; Southern Railway v. Seyadu Beedi Co., AIR 1970 Mad 108.

ARTICLE 54

ApplicabilityThe established rule of Limitation is that law of limitation is not applicable to a plea

taken in defence unless expressly a provision is made in the statute. The Law ofLimitation applies to the suits and application. Thus, the Law of Limitation bars only anaction in a court of law but it does not extinguish a defence though such claim may bebarred in a court of law. On the said principle, a defendant in a suit can put forward anydefence though such defence may not be enforceable in a court of law being barred bylimitation; Ran Singh Malik v. State of Haryana, AIR 2003 SC 960.

In the case of contract for sale of immovable property, the presumption is that timeis not the essence of the contract; Sardar Gurdeep Singh v. Amiya Kumar Datta, (1994) 2CCC 454 (MP).

ScopePlea of protective umbrella of ‘novation’ which is associated with information-

galore, is not permissible in the absence of mutuality. It has to be pleaded specificallyand on contest, has to be proved cogently; Basantilal v. Rameshwar Prasad, (1994) 2 CCC429 (MP).

Specific performance and possessionIt is settled in law where a party to a contract commits an anticipatory breach of the

contract, the other party to the contract may treat the breach as putting as end to thecontract and sue for damages, but in that event he cannot ask for specific performance;Basantilal v. Rameshwar Prasad, (1994) 2 CCC 429 (MP).

ARTICLE 58

Right to sue first accruesThere must be accrual of the right to sue for the plaintiff, and infringement or at

least a clear and unequivocal threat to infringe that right by the defendant shouldhappen. So far as the right of the plaintiff is not infringed or there is no positive andovert act on the part of the defendant to infringe the right of the plaintiff, there wouldnot be accrual of the right to sue; Rukashmaniben v. Vadilal Narayandas Jadawala, (1994) 1CCC 205 (Guj DB).

ARTICLE 64

Possession of immovable propertyPossession of a property belonging to several co-sharers by one co-sharer shall be

deemed that he possess the property on behalf of the other co-sharers unless there hasbeen a clear ouster by denying the title of other co-sharers and mutation in the revenuerecord in the name of one co-sharer would not amount to ouster unless there is cleardeclaration that title of other co-sharers was denied; Darshan Singh v. Gujjar Singh, AIR2002 SC 606.

ARTICLE 65

Adverse possessionThe predecessor-in-interest of plaintiffs coming into possession of the land by virtue

of an unstamped and unregistered sale deed executed by predecessor-in-interest of

defendants in 1931. The plaintiff in continuous possession till 1956 when defendants byissuing a notice calling upon plaintiffs as trespassers to hand over possession of the landto them. It was held that the unstamped and unregistered sale deed can at least belooked into for the collateral purpose of nature of possession of the plaintiff over theland. Accordingly, the sale deed shows that possession of plaintiff was not illegal andunauthorised. Plaintiff being in continuous and uninterrupted possession since 1931 andthey having set up hostile title thereto against defendants who started asserting their titleonly from 1956, plea of adverse possession of plaintiffs was established; Bondar Singh v.Nihal Singh, (2003) 4 SCC 161.

The title in the property cannot pass to the auction-purchaser unless the purchaseprice has been released in full; Bhargawa & Co. (Dr.) v. Shyam Sunder Seth (by L. Rs.),(1994) 2 CCC 481 (SC).

The passing of title presupposes the payment of price in full and the question is atwhat stage this takes place; Bhargawa & Co. (Dr.) v. Shyam Sunder Seth (by L. Rs.), (1994)2 CCC 481 (SC).

No doubt till the price is paid in full there is no claim to the property; Bhargawa &Co. (Dr.) v. Shyam Sunder Seth (by L. Rs.), (1994) 2 CCC 481 (SC).

Burden of proofWhen the plaintiff’s title is established, it would be the burden of the defendant to

prove that he acquired title by adverse possession; Md. Abdul Hussain v. Md. Akkesh Ali,(1991) 2 CCC 735 (Gau).

Possession follows titleThe suit lands held by the erstwhile watandar or inamdar were impartible under the

then existing law. The contest inter se for the status of watandar between members of thefamily ended by the order of the Regency Court and the only result was that thepredecessors-in-title of the defendants were allowed to possess the land as watandarbeing the eldest member of the family of the original watandar on the rule ofprimogenetine, it was held that the possession of the eldest member of the familypursuant to the Court's order in 1945 as wantandar was not adverse to regrant of thoselands to the watandar. Inam and watan lands regranted to the watandar enured to thebenefit of the whole family of the watandar and thereafter they became partible. Hence,the partition suit filed by the other members of the family cannot therefore be said tobe barred by limitation on ground that the eldest member of the family (predecessor-in-title of the defendants) had prescribed his adverse possession; Chandramohan RamchandraPatel v. Babu Koyappa Patel, (2003) 3 SCC 552.

ScopePlea of adverse possession cannot be raised by person and admits himself to be

tenant; Abdul Rahman v. Prasony Bai, AIR 2003 SC 718.

ARTICLE 87

ScopeA suit for compensation for trespass upon immovable property is governed by

Article 87 and by Article 72; Girdhari Lal v. Chandandas, (1991) 3 CCC 493 (MP).

ARTICLE 113

ScopeIf the payment, even though it be of tax, has been made by the party labouring

under a mistake of law the party is entitled to recover the same within the period oflimitation of 3 years from the date when the mistake was known; Assam IndustrialCorporation v. Union of India, (1991) 1 CCC 116 (Gau DB).

ARTICLE 122

Starting point of limitationLimitation under Article 122 runs from the date of dismissal of appeal and not from

the date of knowledge of dismissal; Ashok Kumar v. Manjit Kaur, (1991) 1 CCC 24 (J&K).

ARTICLE 123

Starting point of limitationThe limitation is 30 days from the date of the ex parte decree; Naresh Industrial

Corporation v. Ganesh Oil & General Mills, (1994) 1 CCC 875 (Raj).

When it is not the case of the defendant that summons was not duly served, theperiod of limitation for moving an application for setting aside an ex parte decree doesnot start from the date of the knowledge of the ex parte decree; Naresh IndustrialCorporation v. Ganesh Oil and General Mills, (1994) 1 CCC 875 (Raj).

ARTICLE 127

ApplicabilityIt is settled law that an application to set aside sale under Order XXI, Rule 89 of the

Code of Civil Procedure, 1908 is governed by Article 127. The executing court has nojurisdiction whatsoever to entertain such application after the period of limitationprescribed by Article 127; Mohan Lal v. Hari Prasad Yadav, (1994) 2 CCC 501 (SC).

ARTICLE 134

ApplicabilityArticle 134 will apply only if the sale is in execution of “a decree”. The starting point

of limitation is one year from the date when the “sale becomes absolute”; Mylsamy v.Dharapuram Cooperative Primary Land Development Bank, (1994) 2 CCC 662 (Mad).

In a suit for damages, the period of limitation runs from the date of the damage andnot of the act which caused the damage; Federal Bank Ltd. v. Rama-Krishna Pillai, (1991)3 CCC 455 (Ker).

ARTICLE 137

Scope and applicabilityArticle 137 has replaced Article 181 of the Limitation Act, 1908. The intention of the

legislative was to provide residuary article prescribing period of limitation for filingpetitions and applications under the various special laws and not only under the Codeof Civil Procedure; Asia Resorts Ltd. v. Usha Breco Ltd., AIR 2002 SC 55.

The period of limitation under Article 137 is 3 years which commences from the datewhen the right to apply accrues; Balwant Singh v. Gurbachan Singh, (1994) 1 CCC 16 (SC).

The question when such right to apply accrues will depend on the facts andcircumstances of each case; Balwant Singh v. Gurbachan Singh, (1994) 1 CCC 16 (SC).

An application for probate, letters of administration or succession certificate even iffiled beyond three years from the date of the death of the testator cannot be rejected atthe threshold as time-barred by invoking Article 137; Francis v. Antony, (1991) 1 CCC 530(Ker).

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1411988864 Periods of Limitation