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7/27/2019 L I M I T A T I O N A C T.doc by justice KT Sankaran of Kerala High Court

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L I M I T A T I O N A C T

The doctrine of limitation is based on two broad considerations:

1. There is a presumption that a right not exercised for a long time

is non existent.

Vigilantibus non dormientibus jura subveniunt- Laws come to the

assistance of the vigilant, not of the sleep..

!. "t is necessar that title to the propert and matters of right in

general should not be in a state of constant uncertaint, doubt and

suspense.

AIR 1973 SC 2537: #ajendar $ingh and others Vs. $antha $ingh and

others:

%The object of the law of Limitation is to prevent disturbance or

deprivation of what ma have been ac&uired in e&uit justice b long

enjoment or what ma have been lost b a part's own inaction,

negligence or laches.(

SALIENT FEATURES OF THE LIMITATION ACT, 1963.

1. )bsence of preamble.

!. )ccepting the report of the Law *ommission, no illustrations are

incorporated in the )ct. The reason given for such a step is that the

illustrations were unnecessar and often were misleading.

+. The old Limitation )ct regulated suits, )ppeals and onl some

applications but the present )ct applies to suits and other proceedings

and for purposes connected therewith.


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. The maximum period of ears prescribed for certain suits underthe 1/0 )ct has been reduced to + ears. or example, suit b

mortgagor for redemption or recover of possession 2)rt. 13, suit b

mortgagee for foreclosure 2)rt. +3 and suits b or on behalf of the

*entral 4overnment or $tate 4overnment 2)rt. 11!3.

5. The definition of %applicant(, %plaintiff( and %defendant( have been

enlarged so as to include not onl a person from whom the derive title

but also a person whose estate is represented b an executor,

administrator or other representative.

SCHEME OF THE LIMITATION ACT

Limitation )ct contains +! $ections 2$ection +! repealed3 and 1+6

)rticles.

$cheme of the )rticles is as follows:

)rticles 1 to 11+ : $uits

)rticles 11 to 116 : )ppeals

)rticles 110 to 1+6 : )pplications

$uits are divided into 1 categories:

1. $uits relating to accounts )rt. 1 to 5

!. $uits relating to contracts )rt to 55

+. $uits relating to declarations )rt. 5 to 50

. $uits relating to decrees and instruments )rt. 5/ ,

5. $uits relating to immovable propert )rt. 1 to 6

. $uits relating to movable propert )rt. 0 to 61


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6. $uits relating to tort )rt. 6! to /1

0. $uits relating to trusts and trust propert )rt. /! to /

/. $uits relating to miscellaneous matters )rt. /6 to 11!

1. $uits for which there is no prescribed period )rt. 11+.

------

Limitation )ct is an amending and consolidating statute.

"t provides for all the contingencies it deals with. There is no scope for

engrafting an exception of the rules under the )ct on the ground of

hardship or on necessar implication.

A.I.R. 1962 S.C. 1718: "n construing the provisions of the Limitation)ct, e&uitable considerations are out of place.

AIR 1998 SC 2276: 7.8.#amachandran Vs. $tate of 8erala.

9eld: % Law of limitation ma harshl affect a particular part but it hasto be applied with all its rigour when the statute so prescribes and thecourts have no power to extend the period of limitation on e&uitablegrounds.(

AIR 1972 SC 1548: The fixation of the period of limitation is to some

extent arbitrar and ma fre&uentl result in hardship. ven then it is to

be construed as the language of the statute in its plain meaning

imports. The courts are not concerned with the polic of the legislature

or with the result in giving effect to the language used.


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The court should not ta;e into extraneous considerations such ashardship in construing the provisions of the Limitation )ct.

"s the Limitation )ct exhaustive o.

The legal heirs inter se have no jural relationship as co-debtors

or joint debtors. The succeed to the estate as tenants in common in

specific shares.

199 2


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- "t is not necessar that the statement should indicate theexact nature or the specific character of the liabilit.

- Eut the words used in the statement must relate to a present

subsisting liabilit and indicate the existence of a jural

relationship between the parties such as that of a debtor and

creditor and the intention to admit such jural relationship.

- The intention need not be in express terms- it can be b

implication.

199 2


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- Cral evidence of the contents of ac;nowledgment shall not bereceived b *ourt. )c;nowledgment must be produced before

*ourt.

1989 2 araanan:

27admanabhan@3

$ection 10 G ingredients.

1989 1


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certified cop of the statement with does not prove signature does notserve as ac;nowledgment.

1987 2


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!+ 213 8LT +!5

1/06 2!3 8LT //!

1/05 8LT 65+, ! and 11+.

1/0 8LT 016.

1/6 8LT !.

1/0 8LT 1.

1/6/ 8LT 5 and //.


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