Tec-d Boral Umiletion Sec-10: Sultagainst Trustee (encepsion 1 Sec-3) Sec+4: Closure ol Court Sac-§: Delay Candened Steck to: Legal Okabe Sec-¥: Running of Time: Sec-11: Sulton Foreign Contract SCHEDULE esto 11 CO ae es es reren 4ec-13: Reason for ‘Pouperdsen’ Sec-14 lect of Bonalide ttigofion inthe Wong Court ee-16: Ofher Cosas, Bfect of Coriain Causes on Period of Limitation ec-20 Acknowledgement er payment by another parson ‘Sec-21: New Plalnlif Defendant jalning os a Party Siar Rules ‘Sec-22: Contmous Beaches and Torls Sec-23: Sut not actionable perse Scc-24: Computation of fime mentioned In tnuiruments.‘Abe tener tarde Notsoa, wenartenan te cam |. Preliminary Provisions Extent (Sec-1) @ The Limitation Act-1963 extends to whole of India except the State of Jammu and Kashmir (Sec-1). Important Definifions (Sec-2) 0 Period of Limitation means the period of imitation prescribed forany suit, appeal or application by the Schedule, and 2 ‘prescribed period’ means the period of imitation computed in accordance with the provisions of the Act (Section-2 Qj).ll. Limitation of Suits, Appeals & Peseta =? Subject to the provisions contained in Sections.4 to 24. ‘Suit instituted EV ene [ealnl) pavaier | sein gist cemneny /akoM eave Appeal prefered & ‘Application made. ¥ The Act only bars the remedy_and not the right. Suits ogainst Trustees, Hindu, Muslim or Buddhist Religious or Charitable Endewmerits (Ses-10) ~ No bar of Imilafionll. Limitation of Suits, Appeals & Applications ry Q Sec-3: Bar of Limitation O Sec-4: Closure of Court. O Expiry of Prescribed Period when Court is closed: Where the prescribed period for any sult, appeal or application expres on a day when the Court is closed... Delay C The Suit, Appeal or Application may be insiituted on the day whan the Cour reopens.ll. Limitation of Suits, Appeals & Applications ry Q Sec-3: Bar of Limitation O Sec-4: Closure of Court O Sec-5: Delay Condened Legal Disability Running ‘of Time Sufficient Couse © The Court must be safified with a auficient couse for Ihedalcry AIR 1994 $C 446: AiR 2000 5 2546, + Eramples of Sufficient Cause tines Dann of the blocdraiated toss-¢l Court Documents Sobiary Coninement Counsel mistaken adhice ete. Extension pescribed Period i fails \[ the appellant or appicant satisies the Court that he had sufficient cause for nat preferring the appeal ar making the application, may be admitied even after the prescribed period of limitation. x Suits X. Application under any provisions of Grdar-21 of CRC (Executlon Applications)Il. Limitation of Suits, Appeals & Applications 0 Sec-3: Bar of Limitation D Legal Disability (Sec-4) O Sec-d: Closure of Court The folowing persons ore lagally recognized as legally O Se¢-5: Delay Condened cay a ‘One Legal Otsoblity ~ they may institute a suitor mabe on [3ppscoTon offer ie Gia tkly hes ceased win fhe same patiod) ‘Iwo lego! Oisobliities — alter both disabilities have ceased (wiltin these pertod| {egal Dasbllty up Io the Death ~ Hi jeg fepresentctve may Te Sica wee sale aa rm mo apaaten arte coc ain Includes a child In womb. lage! Dlishlty Lagat Represantenve (1) —Whara ino Lf, ot the + When there iso nex! hiend / where the next doieo! deainal ine peniaa whamherepresents ctiected by any trend himsalt Is the wrongdcer / where the such diatility, Rule & snail apply, next friend has not filed the sull under Order- Death of Legal Ohobied Peron ofterthe Dhabailty cearet but 32.of CPC, the victim can Invoke Sec-é of the Wilhin tus Period of Undlaion — Hat may intituta the sit or moke Limitation Act. ine application within Mazome panod alter he deathll. Limitation of Suits, Appeals & Perse il @ Sec-3: Bar of Limitation © Legal Disabiliy of ONE of Several P (ecw O Sec-4: Closure of Court Where one of several perons joinfy enfified to institute a suit or make G $e¢-5:Delay Condened —_| 2” 20 Bication for execution of decree Is under any aueh ahabilly.. Sec-6 to 8: Legal Disability] 0 Where a discharge can be given Without the concunerice of sich person, time will run again! them all o Where no discharge con be given, fime will notrun as against ony of them until one of hem becomes capable of giving such discharge without the concurrence of the others or unti the disability has ceased inning of Time O Special Exceptions (Sec-8) The parties (See-6 or 7} shall make the Suit or Application within THREE ‘YEARS from cessation of the disability. The same rule is appicabie in ‘cose of Right of pre-emption.Q Sec-3: Bar of Limitation O Sec-4: Closure of Court O Sec-5: Delay Condened a a Lontinus ning of Time. When once period of imitation stats running. no subsequent disability or inabiity slops H. Sec-6 fo 8: Legal Disability Sec-9: Running of TimeSec-3: Bar of Limitation 0 Suit on Foreign Contract (Sec-11): $ec-4: Closure of Court : = Suits instituted on contracts in J&K or ina foreign country shail Sec-5: Delay Condened be subject fo the Limitation Act-1963. Sec-6 fo 8: Legal Disability Sec-9: Running of Time Sec-11: Suit on Foreign Contract ooeaoogIll. Rules for Computation of Period of Limitationes lll. Rules for Computation of Period of Limitation usion of 0 Presence of Letter of Adminisration (5-9) Soe-9 Where Letters of Administration to he estate of. credifor have been granted fo his debtor. The running of petiod of limitation far a sult fo recover tha debt shail be suspended while the LOA continues. Letters of Administration LOA are granted by a Givi Court to appoint appropiate People to deal with c deceased! person's estate where property will pass under intestacy Rules, + According to Schedule Vil of Inciian Succession Act 1925... An application can be made lo competent Court within 14 days offer the death, Gn salisfaction, the Court may grant LOA.lll. Rules for Computation of Pe usion of Exclusion of Time in Legal proceedings (See-12) 1 Exclusion of Times ($-12) In. computing the period of limitation tor any suit, eppector ‘applicaiion OF Amtdoy (the doytrom which such period is to be reckoned) shall be exciucled! [5 12{ 1). OD Day of judgment shall be exduded [Sec-12(2)} 1D Time for objaining « copy of the decree. senience or orcier (against which appeal of application has to be filed) shot be excluded [5-12[283}} Oi Time for obtaining @ copy of the award (against which an Gppication to se? aside-on award) shal be excluded [Sec~ 12a). ‘has owner tena Kaaveet wbtustdnomatcortlll. Rules for Computation of Pe id of Limitation sion of S ‘ i al as 1 Reason for ‘Pau perism’ (5-13) sue or in.computing the period of imitation for any suit, appeaioe application for leave to sue cr appeal asa pauper has been made and rejected. 1 ImaDuration « between the date when the pauper has been mosie and the date when its tejected! shall be excluded. ‘has owner tena Kaaveet wbtustdnomatcortlll. Rules for ee ld ils Period of pid lhe on of Time in Cou i Z =} 0 fect of Bonafide liftgation in the Wrang Court (S-14, In computing the peried of limitation forany suit, appedi or appiication... Time spent (by mistake of misundarstanding) in proceeding bana fide In the Cour ‘without jutsdiction shal be excluded.Other Cases ($-15) Exclusion of Time in Certain Other Cases (Sec-15); S.compuing ne pesod of invlation forany sat, aopealor application. OF Tine Ourallon - ihe day on which a stay by Infunction orordsr wanlsawed ond thie day on which I was Withdiown, shail be axckited ftec-15(1)]. 21 i the coment/tonctian al Govemment or some authodly wai requred to be abtanea for fing sutonpicaten or nalice wor required to be given 1s Gavernment in cordance wilt law, the patiod spent ly ablaining the eansant/annetan ee the ln slving notice all be excluded (fection 18¢2] © ina suit for possession by a purchaser at a ade in exccution of a decree. the time dining which oproceeding tose! aide the sole-has bean prosec led shal be excluded [ection 15(4)] OF branyiuf the thne during which the defendant hos been absent from Indic shall be exchided Section 1548)lll. Rules for Computation of Period of Limitation Peace me) a Death ($-16) 1 Excepiions to Sec-16 Sul to enforce right of pre-emption Suit for the possession of immovable property Sut fora herecitary office Causes on Period « ‘Where a person who would have aright (to insitute o suitor make: -an-application) dies before the right accrues. 0 The period of imitation shall ba computad irom the dma when thare is 0 Legal Representative (LR) of the deceased capable of instituting Such su or malang such application, [See-16(1)} ‘Where a person against whem a right to institute a sut or make an “application would have occnied dies before the right aconies. 0 The period of limitation shal be computed fram the time when there 1s. o Legal Representative (LR) of the decensed against whom the plaintif may institute such suit er make such application, Sec-18(2)),lll. Rules for Computation of Period of Limitation Fraud or Mistake (S-17) Exceptions jo Sec-17 in cane of feud - Any picoenty nuachased kx VALsHscondlas Ab) apeteneak fo Pedy lo the Bend al Bs Lonel pcos The ‘Set tt vow ha ny rained en come. nce ot iiate Ary prone purchased valustiscoreker lerby mise & al Pe imect urchere lhe did nat know Bs! ay rise hal Een comntlted tp cane cf Concenlad Document Ay eromerty puchesedt er velucble conidaten by & pean (who lined panty oe cane ecient a Ihe Le Of puctne lhe Gel nal baw thal hectare helen conceded. 1 Period ¢ Btect of Fraud of Mistake (Sec-17): a Paced Nedtaton iit ‘Chty ier Roud cx mite iacov efect ny oltocted Br Inctne of o conceded decunen| when [al ihe a ie) he conceaied document pmdicedcr Comaeling ih arsaucter Ha JOR pm prevented! hee essere a coeras or reer by tau Lee yi the ‘para of invlation. Ihe Cau may avland Inepested tr execu of Re secre et freer om Bas epet iti ct fhe Ok ealcillon’ to be mate win om year ham the dale ol hstarg toce.an Reco maybe ‘Vedattvo Veneer Indurtier Ley) OI 1992 (SBVELTA36 (Bom MC) + ms taorslore Tomine date ol knawed ge of mklake of jaw ilies ever Kiya own oko payne (yale baud ar he 2 2h0n(1 30 L404 (EC A memibes mene) Te exIetne pre oe arable fire fut ulin very. Tree crtaecl grin fhe panty Gare acini ed eyord liv fen, i party bas commie tava jaiMM CmeCeticihmlmuct tr Rel maith 2 Witien Acknowledgement (5-18) O lfacknowledgment of ony property, right or lleabi isobfoinedtin waiting duly signed by the party ‘ogainst whom such property, right or laity & claimed, before the expiration of period of limitation, a fresh parlod of imitation bs computect from data of acknowledgment 0 Acknowedgment con be-signed either personally or by on agen! duty authored in this behal. Acknowledgement = admission of an monetary or other Habillly of a personlll. Rules for Com isl oi iL Fetiod Clara ited ie 1 Payment of Debt or Interest (S-19) ——__—+} Interest on Legacy (Sec-19): 1 Itpayment cn account of a debi or of Interest on a fegacy is made belore the expiration of the prescribed period by the parson lable to pay the: Gebf or legacy or by his agent duly authorized in this behalf, @ fresh parted of linitotton hall be Compuied from the ime when the payment wat mode, O Where mortgaged land isin the possession of the morigages, the receipt af the rent or praduce of such land shall be deemed fo be a payment. D1 ‘Debt’ does nat incdude money payable onder 0 decree or order of a. court.MMM e Cli mmacu ter R mailto t of Certain Causes on Pe i in Writing (See-20): 1 The expression “agent bly cuihoraed in this behalf" in Sections 18 and 19 shail, in © Acknowledgement or payment by anather person (5-20) | "2°" 0! GPenon under dsabsity Wineiudas Lawful guardian, Cammitiee or manager oran agent duly L tnechiemublitcaime Guihorizad by such guardian, } pokes Committee ce manager to sgn the X becuion acknowledgment or make fhe payment X Merigagees ‘chargeatle by fessor cry of@ writen cc knewledigriéntvigned by, or at abayment made by, of by the apental, any alist ar afters af Fern4 Ill. Rules for Computation of Period of Limitation Defendant (Sec-21): 1 Htafter the institution of 0 suit, @ new plaintif er, defendant ts subsiituted oracded, the sult shall be: demand to have been incifivisd when he war £0 made a party [Sec-21(1)]. 01 Ifthe Court Is salified that the omission fo include a new plainiif ar defendant wos due te a mistalee a. New Picintiff/Defendant joining as a Party (S-21) Exceptions to $ec- made In good falth...lf may direct the sult shall be aia (1 [shen eek aps cream erate a party deemed to have been insiltuted on any earlier cate bodded craututibvled ewing teassignment of {ec-21(2)) devohiion of any Interest curing the pendency af ‘a.sultor where a plain! h. mode a detendant ora efendont b mode-c plo nitAy, Sanaa Soran tanga manaseanstetpnat com d of Limitation lll. Rules for Computation of Pe O Continuous Breaches and Torts (Sec-22 ¥ In case of continuous breach of contract or tort, a fresh period of limitation begins to mn at every moment of time during which the breach or tor continues. 0 Suits for Compensation for acts not actionable without special damage (Sec-23) © In the case-of e:suil for compensation for an.act which does nat give rise to a couse of actionunless some specific Injury actually resulls therefrom, the period of fimiiation shail be computed from thatime when the injury results, U Computation of time mentioned in Inst uments (5-24) + Allinstruments shall for the purposes of this Act be deemed ta be made with reference to the Gregorian Calendar.O Acquisition of Easement by Prescription (Sec-25' Incose of the access and use of light or air [or any building... @ The claimed ight has been enjoyed for 20 © The cloimed right has been enjoyed for years | ° 205 (ay yeas in case of the Government [30 years in case of the Government Property, S- Property. $-25(2)] 25(2)] © Asan ecsement ® ASan easement 5 As of right © Asofright i © Without inferupfion - eu empties © By any person 2a Openty By any person ' ' t ' ' ' ' ' ‘ ' ' ' ' ' ' ' 'ion of Ownership by Possession > Any easement by virlue of ony interest forlife orin terms of years exceeding 3 years. > The fime of the enjoyment of such saramant (cluting he continuance of such Interest or term) shall be excluded In computation of the perlod of 20 years (Le. that period i not treated ar Easement) O Extinguishment of Right to Property (Sec-27" > Ifa party fails to insite a sul for postession of any property within he speciiied period of imitation ‘under this Act, bls High! fo such property shall be extingulehod. O According to $ec-29(4)...... > Swe- 21), 25 & 26 thal net apply to the tenitodes to which the Indian Eore mant Act, 1882 applies, Oo See Article 64, 65 % 64 for more detailsV. Miscellaneous Provisions 2 The Limitation Act 1963 shall not affect Section 25 of the Indian Contract Act, 1872 (See-29(1)). @ The Actshail not apply to any suit or other proceeding under any law with respectto Marriage and Divorce (Sec-29(3)). @ The Indian limitation Act, 1908 (9 of 1908) is here by repealed (Sec-32).FERIOD OF LIMITATION: DIVISION 4: SUITS 1. Suits telofing to Accounts, Contracts, Declorations, Mavatie Property, To set aside Dectess & instruments 2. Suifs relating to Immovable Property 3. Sulls relafing to Tarts 4. Suis relating fo Tusts and Trust Property 5.Sulfs forwhich theres no prescribed period DIVESION-I: APPEALS DIVISION -Itt; APPLICATIONS |, Appications WO-21 CPC 2. Appilcationsin Specified Coses S.Appicotionsfor which no limitation is specified ‘Minimum = 1 year Maximum -30 yearn 3 yen Minimum 3 years: Maninum =30 years Minimum — 1 yeor; Maximum -3 years Minimum =3 year Maximum ~ 12 years 3 yeas ‘Minimum ~ 30 days (1M) Maximum - 90 days (3M) Minimum = 10 days Maximum - 12 years Minimum —1 year Masimumn ~12 yeors ‘Minimum 10 clays; Mendmum — 90 days SyeasIMPORTANT POINTS TO REMEMBER \CT, 19 O The Limitation Act-1%63 and CRPC-1973 ¥ For on Appeol trom Sentance of Death patsad by COS / HC in the exercise of fis original jurisdiction =the period of limitation ix 30 days. ¥ Foran Appeal from ony ther Sentence o Order not being an Crear ot Acquitiel - 40 days, ¥ Foran Appeal tothe HC- 60 days ¥ Foran Appeal to Other Court 30 days O The Limitation Act-1963 and CPC-1908 Foran Appeal to HC from any decree or arder= 90 days For an Appeal toany offer Cout tro any decree or orcier = 30 days. ¥. Foran Appeal from o decree ororder of any HC fo the same Court - 30. days